Perry v. Social Security, Commissioner of

Filing 17

ORDER adopting 16 Report and Recommendation, granting 12 Motion to remand, and denying 14 Motion for summary judgment.Signed by District Judge Stephen J. Murphy, III. (DPer)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
PAULA J. PERRY,

Case No. 2:17-cv-13386

Plaintiff,

HONORABLE STEPHEN J. MURPHY, III

v.
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

/

ORDER ADOPTING REPORT AND
RECOMMENDATION [16], GRANTING PLAINTIFF'S
MOTION TO REMAND PURSUANT TO SENTENCE FOUR [12], AND
DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT [14]
The Commissioner of the Social Security Administration ("SSA") denied Paula
J. Perry'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 Perry appealed. The Court
referred the matter to the magistrate judge. Perry filed a motion for remand pursuant
to sentence four and the Commissioner of Social Security filed a motion for summary
judgment. ECF 12, 14. The magistrate judge issued a report and recommendation
("Report") suggesting the Court grant Perry's motion and deny the Commissioner's
motion. ECF 16.
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

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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.
WHEREFORE, it is hereby ORDERED that the magistrate judge's Report
and Recommendation [16] is ADOPTED.
IT IS FURTHER ORDERED that Plaintiff's Motion for Remand Pursuant to
Sentence Four [12] is GRANTED.
IT IS FURTHER ORDERED that Defendant's Motion for Summary
Judgment [14] is DENIED.
IT IS FURTHER ORDERED that the case is REMANDED to the ALJ for
further proceedings consistent with the Report and Recommendation [16].
SO ORDERED.
s/ Stephen J. Murphy, III
STEPHEN J. MURPHY, III
United States District Judge
Dated: February 20, 2019
I hereby certify that a copy of the foregoing document was served upon the parties
and/or counsel of record on February 20, 2019, by electronic and/or ordinary mail.
s/ David P. Parker
Case Manager

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