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)

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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. Page 1 of 2 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 Page 2 of 2

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