Daniels v. Social Security

Filing 27

ORDER Adopting 26 Report and Recommendation, Granting 19 Motion for Summary Judgment filed by Melissa S. Daniels, Denying 24 Motion for Summary Judgment filed by Social Security, Commissioner of. Signed by District Judge Paul D. Borman. (DTof)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MELISSA S. DANIELS,
Plaintiff,

Case No. 16-cv-10390
Paul D. Borman
United States District Judge

v.

R. Steven Whalen
United States Magistrate Judge

COMMISSIONER OF
SOCIAL SECURITY,
Defendant.
________________________/

ORDER (1) ADOPTING THE MAGISTRATE JUDGE’S FEBRUARY 28, 2017
REPORT AND RECOMMENDATION (ECF NO. 26), (2) GRANTING
PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT (ECF NO. 19), (3)
DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
(ECF NO. 24), (4) REVERSING THE DECISION OF THE COMMISSIONER
AND (5) REMANDING FOR FURTHER PROCEEDINGS
PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g)
On March 10, 2016, Magistrate Judge R. Steven Whalen issued a Report and
Recommendation to GRANT Plaintiff’s Motion for Summary Judgment to the extent it seeks
a remand pursuant to Sentence Four of 42 U.S.C. § 405(g), DENY Defendant’s Motion for
Summary Judgment, REVERSE the decision of the Commissioner and REMAND this matter
for further proceedings under Sentence Four of 42 U.S.C. § 405(g). Having reviewed the
Report and Recommendation, which informed the parties of their right to object within
fourteen days of service of the Report, and there being no timely objections under 28 U.S.C.
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§ 636(b)(1) and E.D. Mich L. R. 72.1(d), the Court ADOPTS the Report and
Recommendation (ECF No. 26), GRANTS Plaintiff’s Motion for Summary Judgment (ECF
No. 19), DENIES Defendant’s Motion for Summary Judgment (ECF No. 24), REVERSES
the decision of the Commissioner and REMANDS the matter for further proceedings under
Sentence Four of 42 U.S.C. § 405(g) consistent with the Magistrate Judge’s Report and
Recommendation.
IT IS SO ORDERED.

s/Paul D. Borman
PAUL D. BORMAN
UNITED STATES DISTRICT JUDGE
Dated: March 31, 2017
CERTIFICATE 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 31, 2017.

s/Deborah Tofil
Case Manager

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