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)

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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 -1- 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, (313) 234-5213 -2-

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