Smith v. Colvin

Filing 33

ORDER Adopting Report and Recommendation 30 ; granting in part pltf's motion for summary judgment or remand 22 and denying deft's motion for summary judgment 26 . Case is remanded to the commissioner under sentence 4 of 42 USC 405(g) for further administrative proceedings. Signed by District Judge Nancy G. Edmunds. (CBet)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

CHELSIE R. SMITH,
Case No. 16-10492
Plaintiff,
Honorable Nancy G. Edmunds
v.
COMMISSIONER OF SOCIAL SECURITY,
Defendant.
/

OPINION AND ORDER ADOPTING THE MAGISTRATE JUDGE’S
JANUARY 31, 2017 REPORT AND RECOMMENDATION [30]
In a report and recommendation ("R & R") issued on January 31, 2017, Magistrate
Judge David R. Grand recommends that the Court grant in part Plaintiff Chelsie R. Smith's
motion for summary judgment or remand, deny the Defendant Commissioner of Social
Security's motion for summary judgment, and remand this matter for further administrative
proceedings. Neither party has filed objections to the R & R, and the deadline for doing so
has passed. “[T]he failure to object to the magistrate judge’s report[] releases the Court
from its duty to independently review the matter.” Hall v. Rawal, No. 09-10933, 2012 WL
3639070, at *1 (E.D. Mich. Aug. 24, 2012) (citation omitted). Nonetheless, having reviewed
the R & R, the parties' underlying motions, and the administrative record, the Court concurs
in the Magistrate Judge's analysis, and therefore ACCEPTS and ADOPTS the Magistrate
Judge’s R & R.
Accordingly, it is hereby ordered, for the reasons stated in the R & R, that Plaintiff's
June 27, 2016 motion for summary judgment or remand [22] is GRANTED IN PART, that

Defendant's September 28, 2016 motion for summary judgment [26] is DENIED, and that
this matter is remanded to the Defendant Commissioner under sentence four of 42 U.S.C.
§ 405(g) for further administrative proceedings.
SO ORDERED.

s/Nancy G. Edmunds
Nancy G. Edmunds
United States District Judge
Dated: February 28, 2017
I hereby certify that a copy of the foregoing document was served upon counsel of record
on February 28, 2017, by electronic and/or ordinary mail.
s/Carol J. Bethel
Case Manager

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