Jaeger v. COLVIN

Filing 20

ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION (#19), DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (# 17) AND GRANTING IN PART PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (# 15) AND REMANDING ACTION TO THE COMMISSIONER ORDER granting in part and denying in part 15 Motion for Summary Judgment; denying 17 Motion for Summary Judgment; adopting 19 Report and Recommendation. Signed by District Judge Gershwin A. Drain. (TBan)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

MICHAEL E. JAEGER,
Plaintiff,
Case No.: 16-14447
Honorable Gershwin A. Drain

v.

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
___________________________/

ORDER ACCEPTING AND ADOPTING REPORT AND
RECOMMENDATION (#19), DENYING DEFENDANT’S MOTION FOR
SUMMARY JUDGMENT (# 17) AND GRANTING IN PART PLAINTIFF’S
MOTION FOR SUMMARY JUDGMENT (# 15) AND REMANDING
ACTION TO THE COMMISSIONER
This matter is before the court on the parties’ Cross-Motions for Summary
Judgment as to Plaintiff Michael E. Jaeger’s claim for judicial review of Defendant
Commissioner of Social Security’s denial of his application for disability insurance
benefits. The matter was referred to Magistrate Judge David R. Grand, who issued
a Report and Recommendation on October 5, 2017, recommending that the Court
deny Defendant’s Motion for Summary Judgment, grant in part Plaintiff’s Motion
for Summary Judgment, and remand this matter to the Commissioner for further
proceedings. 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. Therefore, the Court hereby ACCEPTS and
ADOPTS Magistrate Judge Grand’s Report and Recommendation [#19] as this
Court’s findings of fact and conclusions of law. Defendant’s Motion for Summary
Judgment [#17] is DENIED. Plaintiff’s Motion for Summary Judgment [#15] is
GRANTED IN PART.
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 Recommendation.
SO ORDERED.
Dated: October 31, 2017

/s/Gershwin A. Drain
GERSHWIN A. DRAIN
United States District Judge

CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
October 31, 2017, by electronic and/or ordinary mail.
/s/ Tanya Bankston
Deputy Clerk

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