Mulroy v. SSA, Commissioner of

Filing 13

ORDER accepting and adopting 12 Report and Recommendation, granting in part 10 Motion for summary judgment; denying 11 Motion for summary judgment. Signed by District Judge Gershwin A. Drain. (DPer)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
PATRICIA M. MULROY,
Plaintiff,

Case No. 16-cv-10474

v.

UNITED STATES DISTRICT COURT JUDGE
GERSHWIN A. DRAIN

COMMISSIONER OF SOCIAL
SECURITY,

UNITED STATES MAGISTRATE JUDGE
DAVID R. GRAND

Defendant.
__________________________/

ORDER: (I) ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION [12];
(II) DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT [11]; AND
(III) GRANTING IN PART AND DENYING IN PART PLAINTIFF’S MOTION FOR
SUMMARY JUDGMENT [10]
Patricia Mulroy (Plaintiff) filed this action on February 9, 2016. Dkt. No. 1.
Plaintiff sought judicial review of the Commissioner of Social Security’s
(Defendant) denial of Child Disability Benefits and Supplemental Security Income.
Id. Each party filed a Motion for Summary Judgment. Dkt. Nos. 10, 11. The matter
was referred to Magistrate Judge David R. Grand.
On December 8, 2016, Magistrate Judge Grand issued a Report and
Recommendation which recommends that the Defendant’s Motion for Summary
Judgment be denied. Dkt. No. 12. Additionally, Magistrate Judge Grand
recommends that the Court grant Plaintiff’s Motion for Summary Judgement to the

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extent it seeks remand and deny Plaintiff’s motion to the extent it seeks an award of
benefits. Neither party filed an objection to Magistrate Judge Grand’s Report and
Recommendation. The time for filing objections has expired. See 28 U.S.C. §
636(b)(1)(C). Upon review of the Magistrate Judge’s Report and Recommendation,
the Court concludes that the Magistrate Judge reached the correct conclusion.
Therefore, the Court hereby ACCEPTS and ADOPTS Magistrate Judge
Grand’s December 8, 2016 Report and Recommendation [12] as this Court’s
findings of fact and conclusions of law. Defendant’s Motion for Summary Judgment
[11] is HEREBY DENIED. Plaintiff’s Motion for Summary Judgment [10] is
GRANTED IN PART to the extent it seeks remand and DENIED IN PART to the
extent it seeks an award of benefits.
This case is HEREBY REMANDED to the ALJ for further proceedings
consistent with Magistrate Judge Grand’s Report and Recommendation.
SO ORDERED.
Dated: January 9, 2017
Detroit, MI

/s/Gershwin A Drain
HON. GERSHWIN A. DRAIN
United States District Court Judge

I hereby certify that a copy of the foregoing document was mailed to the attorneys
of record on this date, January 9, 2017, by electronic and/or ordinary mail.

/s/Tanya Bankston
Case Manager, [phone]

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