Wiley v. Social Security

Filing 23

ORDER ADOPTING REPORT AND RECOMMENDATION GRANTING PLAINTIFFS MOTION FOR SUMMARY JUDGMENT AND REMANDING FOR FURTHER PROCEEDINGS Signed by District Judge Marianne O. Battani. (KDoa)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
TAMMY S. WILEY,
Plaintiff,

CASE NO. 16-12524
HON. MARIANNE O. BATTANI

v.

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
_________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION
GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
AND REMANDING FOR FURTHER PROCEEDINGS
Plaintiff Tammy Wiley brings this action pursuant to 42 U.S.C. § 405(g),
challenging the final decision of the Commissioner denying her applications for
supplemental security income and disability insurance benefits. The case was referred
to Magistrate Judge Patricia T. Morris, pursuant to 28 U.S.C. § 636(b)(1)(B), to review
the final decision.
In a Report and Recommendation ("R&R") dated May 19, 2017, Magistrate
Judge Morris recommended that Defendant's Motion for Summary Judgment be denied
and that Plaintiff's motion be granted. In her Report and Recommendation, the
Magistrate Judge informed the parties that objections to the R&R needed to be filed
within 14 days of service and that a party’s failure to file objections would waive any
further right of appeal. (Doc. No. 22 at 21-22).

Neither party filed an objection. Because no objection has been filed in this case,
the parties waived their right to de novo review and appeal. Moreover, this Court
agrees with the thorough analysis contained in the R&R.
Accordingly, the Court ADOPTS the Magistrate Judge’s recommendation,
DENIES Defendant’s Motion for Summary Judgment, GRANTS Plaintiff’s Motion for
Summary Judgment, and REMANDS this matter for further proceedings consistent with
the R&R pursuant to Sentence Four of 42 U.S.C. § 405(g).
IT IS SO ORDERED.

Date: July 31, 2017

s/Marianne O. Battani
MARIANNE O. BATTANI
United States District Judge

CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing Order was served upon counsel of record via the Court's ECF System to their
respective email addresses or First Class U.S. mail to the non-ECF participants on July 31, 2017.
s/ Kay Doaks
Case Manager

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