Smith v. Social Security, Commissioner of

Filing 24

ORDER Adopting 23 Report and Recommendation, Denying 19 Motion for Summary Judgment, Granting 17 Motion for Summary Judgment, Reversing the Decision of the Commissioner, and Remanding for Further Proceedings Pursuant to Sentence Four of 42 U.S.C. § 405(g). Signed by District Judge David M. Lawson. (SPin)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ANGELA RAE SMITH, Plaintiff, v. Case Number 16-10148 Honorable David M. Lawson Magistrate Judge Mona K. Majzoub COMMISSIONER OF SOCIAL SECURITY, Defendant. ____________________________________/ ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION, GRANTING IN PART PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT, DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT, REVERSING THE DECISION OF THE COMMISSIONER, AND REMANDING FOR FURTHER PROCEEDINGS PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) Presently before the Court is the report issued on February 21, 2017 by Magistrate Judge Mona K. Majzoub pursuant to 28 U.S.C. § 636(b), recommending that the Court grant the plaintiff’s motion for summary judgment, deny the defendant’s motion for summary judgment, reverse the decision of the Commissioner, and remand the case for further proceedings under sentence four of 42 U.S.C. § 405(g). Although the magistrate judge’s report stated that the parties to this action may object to and seek review of the recommendation within fourteen days of service of the report, no objections have been filed. The parties’ failure to file objections to the report and recommendation waives any further right to appeal. Smith v. Detroit Fed’n of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987). Likewise, the failure to object to the magistrate judge’s report releases the Court from its duty to independently review the matter. Thomas v. Arn, 474 U.S. 140, 149 (1985). However, the Court agrees with the findings and conclusions of the magistrate judge. Accordingly, it is ORDERED that the magistrate judge’s report and recommendation [dkt. #23] is ADOPTED. It is further ORDERED that the plaintiff’s motion for summary judgment [dkt. #17] is GRANTED. It is further ORDERED that the defendant’s motion for summary judgment [dkt. #19] is DENIED. It is further ORDERED that the decision of the Commissioner is REVERSED. It is further ORDERED that the matter is REMANDED to the Commissioner for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g). On remand the administrative law judge shall consider all of the medical opinions of record, properly assess the opinions of all the claimant’s doctors in accordance with the treating physician rule, elicit additional testimony from a vocational expert if necessary, and provide good reasons for his findings. s/David M. Lawson DAVID M. LAWSON United States District Judge Dated: March 9, 2017 PROOF OF SERVICE The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first class U.S. mail on March 9, 2017. s/Susan Pinkowski SUSAN PINKOWSKI -2-

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