R B v. COLVIN
OPINION AND ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION 20 , DENYING THE COMMISSIONERS MOTION FOR SUMMARY JUDGMENT 18 , AND GRANTING IN PART AND DENYING IN PART PLAINTIFFS MOTION FOR SUMMARY JUDGMENT 14 Signed by District Judge Gershwin A. Drain. (TBan)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
KATHY BURTON, o/b/o R.B,
Case No. 16-cv-12895
UNITED STATES DISTRICT COURT JUDGE
GERSHWIN A. DRAIN
COMMISSIONER OF SOCIAL SECURITY,
UNITED STATES MAGISTRATE JUDGE
DAVID R. GRAND
OPINION AND ORDER ACCEPTING AND ADOPTING REPORT AND
RECOMMENDATION , DENYING THE COMMISSIONER’S MOTION FOR
SUMMARY JUDGMENT , AND GRANTING IN PART AND DENYING IN PART
PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT 
On August 8, 2016, Kathy Burton initiated this action on behalf of her minor
daughter, R.B. (“Plaintiff”), seeking judicial review of Defendant Commissioner of
Social Security’s denial of Supplemental Security Income (“SSI”) under the Social
Security Act. Dkt. No. 1. The matter was referred to Magistrate David R. Grand,
who issued a Report and Recommendation on March 21, 2017, recommending that
the Court grant Plaintiff’s Motion for Summary Judgment to the extent it seeks
remand, deny Defendant’s Motion for Summary Judgment, and remand this matter
to the Commissioner for further proceedings. Dkt. No. 20. Neither party has filed
objections to the Magistrate Judge’s Report and Recommendation, and the time for
filing objections has expired. See 28 U.S.C. § 636(b)(1)(C).
Upon review of the parties’ briefing and the Magistrate Judge’s Report and
Recommendation, the Court concludes that the Magistrate Judge reached the
correct conclusion. The matter should be remanded for further consideration.
Accordingly, the Court hereby ACCEPTS and ADOPTS Magistrate Judge
Grand’s Report and Recommendation  as this Court’s findings of fact and
conclusions of law.
IT IS FURTHER ORDERED that Plaintiff’s Motion for Summary
Judgment  is GRANTED IN PART to the extent it seeks remand and
DENIED IN PART to the extent it seeks an award of benefits.
IT IS FURTHER ORDERED that Defendant’s Motion for Summary
Judgment  is DENIED.
IT IS FURTHER ORDERED that this matter is remanded to the
Commissioner of Social Security pursuant to sentence four of 42 U.S.C. § 405(g)
for further proceedings consistent with Magistrate Judge Grand’s Report and
IT IS SO ORDERED.
April 12, 2017
/s/Gershwin A Drain
Hon. Gershwin A. Drain
United States District Court Judge
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