Fry v. Social Security, Commissioner of

Filing 19

ORDER Adopting 18 Report and Recommendation for Denying 16 Motion for Summary Judgment filed by Social Security, Commissioner of, and Granting 14 Motion to Remand filed by Leia I Fry. Signed by District Judge Sean F. Cox. (JMcC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
Leia Fry,
Plaintiff,
v.

Case No. 17-10899

Commissioner of Social Security,

Sean F. Cox
United States District Court Judge

Defendant.
______________________________/
ORDER ADOPTING 7/20/18 REPORT AND RECOMMENDATION
Plaintiff filed this action under 42 U.S.C. § 405(g), seeking judicial review of the
Commissioner’s denial of her application for social security disability insurance benefits. The
Court referred the matter to Magistrate Judge Anthony P. Patti for a report and recommendation
under 28 U.S.C. § 636(b)(1)(B) (Doc. # 3), after which Plaintiff filed a motion for remand and
Defendant moved for summary judgment (Doc. # 14, 16).
On July 20, 2018, Magistrate Judge Patti issued a Report and Recommendation (Doc.
# 18), wherein he recommends that the Court grant Plaintiff’s motion for remand, deny
Defendant’s motion for summary judgment, reverse the Commissioner’s decision, and remand
this case to the Commissioner and the ALJ under Sentence Four of § 405(g).
Under FED. R. CIV. P. 72(b), a party objecting to the recommended disposition of a matter
by a Magistrate Judge must file objections to the R&R within fourteen days after being served
with a copy of the R&R. “The district judge to whom the case is assigned shall make a de novo
determination upon the record, or after additional evidence, of any portion of the magistrate
judge’s disposition to which specific written objection has been made.” Id.
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The time for filing objections to the R&R has expired and the docket reflects that neither
party has filed objections. The Court hereby ADOPTS the July 20, 2018 R&R.
IT IS FURTHER ORDERED that Plaintiff’s Motion for Remand is GRANTED,
Defendant’s Motion for Summary Judgment is DENIED, the Commissioner’s decision is
REVERSED, and this case is REMANDED to the Commissioner and the ALJ under Sentence
Four of § 405(g) for further consideration consistent with the R&R.
IT IS SO ORDERED.
s/Sean F. Cox
Sean F. Cox
United States District Judge
Dated: August 8, 2018
I hereby certify that a copy of the foregoing document was served upon counsel of record on
August 8, 2018, by electronic and/or ordinary mail.
s/Jennifer McCoy
Case Manager

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