Valentine v. Social Security, Commissioner of

Filing 15

ORDER adopting 14 Report and Recommendation, granting in part 11 Motion for summary judgment; denying 12 Motion for summary judgment, reversing the decision of the Commissioner, and remanding case for further proceedings pursurant to Sentence Four of 42 U.S.C. 405(g). Signed by District Judge David M. Lawson. (DPer)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION TINA VALENTINE, Plaintiff, v. Case Number 16-12516 Honorable David M. Lawson Magistrate Judge David R. Grand COMMISSIONER OF SOCIAL SECURITY, Defendant. ____________________________________/ ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION, GRANTING IN PART PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT, DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT, REVERSING THE DECISION OF THE COMMISSIONER, AND REMANDING FOR FURTHER PROCEEDINGS PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) Presently before the Court is the report issued on August 9, 2017 by Magistrate Judge David R. Grand pursuant to 28 U.S.C. § 636(b), recommending that the Court grant in part the plaintiff’s motion for summary judgment, deny the defendant’s motion for summary judgment, reverse the decision of the Commissioner, and remand the case for further proceedings under sentence four of 42 U.S.C. § 405(g). Although the magistrate judge’s report stated that the parties to this action may object to and seek review of the recommendation within fourteen days of service of the report, no objections have been filed. The parties’ failure to file objections to the report and recommendation waives any further right to appeal. Smith v. Detroit Fed’n of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987). Likewise, the failure to object to the magistrate judge’s report releases the Court from its duty to independently review the matter. Thomas v. Arn, 474 U.S. 140, 149 (1985). However, the Court agrees with the findings and conclusions of the magistrate judge. Accordingly, it is ORDERED that the magistrate judge’s report and recommendation [dkt. #14] is ADOPTED. It is further ORDERED that the plaintiff’s motion for summary judgment [dkt. #11] is GRANTED IN PART. The plaintiff’s request to remand the case is GRANTED, but her request for the Court to order an award of benefits is DENIED. It is further ORDERED that the defendant’s motion for summary judgment [dkt. #12] is DENIED. It is further ORDERED that the decision of the Commissioner is REVERSED. It is further ORDERED that the matter is REMANDED to the Commissioner for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g). On remand the administrative law judge shall consider all of the medical opinions of record, elicit additional testimony from a vocational expert if necessary, and provide good reasons for his findings. s/David M. Lawson DAVID M. LAWSON United States District Judge Dated: August 24, 2017 PROOF OF SERVICE The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first class U.S. mail on August 24, 2017. s/Susan Pinkowski SUSAN PINKOWSKI -2-

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