McCaig et al v. SSA, Commissioner of

Filing 16

ORDER granting 11 Motion for Summary Judgment; denying 12 Motion for Summary Judgment; adopting 15 Report and Recommendation. Signed by District Judge Arthur J. Tarnow. (MLan)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

PATRICK J. MCCAIG, ON BEHALF OF
TAMMY R. MCCAIG, DECEASED,

Case No. 16-11419
SENIOR UNITED STATES DISTRICT
JUDGE ARTHUR J. TARNOW

Plaintiff,
v.

MAGISTRATE JUDGE STEPHANIE
DAWKINS DAVIS

COMMISSIONER OF SOCIAL SECURITY,
Defendant.
/

ORDER ADOPTING REPORT AND RECOMMENDATION [15]; GRANTING
PLAINTIFF’S1 MOTION FOR SUMMARY JUDGMENT [11]; DENYING DEFENDANT’S
MOTION FOR SUMMARY JUDGMENT [12]
On August 25, 2017, the Magistrate Judge issued a Report and
Recommendation (“R&R”) [Dkt. 15] on the parties’ motions for summary
judgment [11, 12]. Neither party filed any objection to the Report and
Recommendation. The Magistrate Judge determined that the matter should be
remanded because the ALJ’s Residual Functional Capacity (“RFC”) decision was
not supported by substantial evidence in the record. The Magistrate Judge held that
the ALJ failed “to provide an accurate and logical bridge between the evidence and
1

“Plaintiff” is used to refer to Tammy McCaig, the deceased claimant, and/or her
husband, Patrick McCaig, who continues to pursue her claim on her behalf.

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the result.” Gross v. Comm’r of Soc. Sec., No. 16-10365, 2017 WL 1151099, at *6
(E.D. Mich. Mar. 28, 2017).
The Court having reviewed the record, the Report and Recommendation [15]
is hereby ADOPTED and entered as the findings and conclusions of the Court.
Accordingly,
IT IS ORDERED that Plaintiff’s Motion for Summary Judgment [11] is
GRANTED. The findings of the Commissioner are REVERSED and Plaintiff’s
claims are REMANDED to the Commissioner for further proceedings consistent
with this Order.
IT IS FURTHER ORDERED that Defendant’s Motion for Summary
Judgment [12] is DENIED.
SO ORDERED.

Dated: September 21, 2017

s/Arthur J. Tarnow
Arthur J. Tarnow
Senior United States District Judge

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