Ryan v. Social Security

Filing 18

ORDER adopting 17 Report and Recommendation, granting 13 Motion for summary judgment, and denying 15 Motion for summary judgment. Signed by District Judge Stephen J. Murphy, III. (DPer)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
CLIFTON RYAN, IV,
Plaintiff,

Case No. 2:16-cv-14148

v.

HONORABLE STEPHEN J. MURPHY, III

COMMISSIONER OF SOCIAL SECURITY,

MAGISTRATE ANTHONY P. PATTI

Defendant.
/
ORDER ADOPTING REPORT AND RECOMMENDATION [17],
GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT [13],
AND DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT [15]
The Commissioner of the Social Security Administration ("SSA") partially denied
Clifton Ryan, IV's application for Supplemental Security Income and Disability Insurance
Benefits in a decision issued by an Administrative Law Judge ("ALJ"). The SSA Appeals
Council declined to review the ruling, and Ryan appealed. The Court referred the matter
to the magistrate judge and the parties filed cross-motions for summary judgment. The
magistrate judge issued a Report and Recommendation ("Report") suggesting the Court
grant Ryan's motion and deny the Commissioner’s motion.
Civil Rule 72(b) governs review of a magistrate judge's report and recommendation.
De novo review of the magistrate judge’s findings is required only if the parties "serve and
file specific written objections to the proposed findings and recommendations." Fed. R. Civ.
P. 72(b)(2). Because neither party filed timely objections, de novo review of the Report's
conclusions is not required. Having examined the record, the Court finds that the magistrate
judge's conclusions are factually based and legally sound.
Accordingly, it is hereby ORDERED that the magistrate judge's Report and
Recommendation [17] is ADOPTED, Ryan's Motion for Summary Judgment [13] is

GRANTED, the Commissioner's Motion for Summary Judgment [15] is DENIED, and the
case is REMANDED to the Commissioner for a reversal and modification to include
ongoing benefits subject to periodic review.
SO ORDERED.

s/Stephen J. Murphy, III
STEPHEN J. MURPHY, III
United States District Judge
Dated: February 26, 2018

I hereby certify that a copy of the foregoing document was served upon the parties and/or
counsel of record on February 26, 2018, by electronic and/or ordinary mail.
s/David P. Parker
Case Manager

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