Rogers v. Commissioner of Social Security

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATION AND GRANTING PLAINTIFFS MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANTS MOTION FOR SUMMARY JUDGMENT 19 Report and Recommendation, 14 Motion for Summary Judgment filed by Charles Wayne Rogers, 17 Motion for Summary Judgment filed by Commissioner of Social Security Signed by District Judge Marianne O. Battani. (KDoa)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
CHARLES WAYNE ROGERS,
Plaintiff,

CASE NO. 17-14151
HON. MARIANNE O. BATTANI

COMMISSIONER
OF SOCIAL SECURITY,
Defendant.
_________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION AND GRANTING
PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND DENYING
DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
Plaintiff Charles Wayne Rogers brings this action pursuant to 42 U.S.C. § 405(g),
challenging the final decision of the Commissioner denying his application for
Supplemental Security Disability Income Benefits under Title XVI of the Social Security
Act, 42 U.S.C. § 1381 et seq. The case was referred to Magistrate Judge Elizabeth A.
Stafford pursuant to 28 U.S.C. § 636(b)(1)(B) to review the final decision.
The parties filed cross-motions for summary judgment. In a Report and
Recommendation (“R&R”) dated January 17, 2019, Magistrate Judge Stafford
recommended that Plaintiff’s motion be granted and Defendant’s motion be denied and
the matter be remanded under sentence four of 42 U.S.C. § 405(g) for further
consideration consistent with this report and recommendation. In her R&R, the
Magistrate Judge informed the parties that objections to the R&R needed to be filed
within 14 days of service and that a party’s failure to file objections would waive any
further right of appeal. (ECF No. 19 at Page 12).

Neither party filed an objection. Because no objection has been filed in this case,
the parties waived their right to de novo review and appeal. Moreover, this Court
agrees with the thorough analysis contained in the R&R.
Accordingly, the Court ADOPTS the Magistrate Judge’s recommendation,
GRANTS Plaintiff’s Motion for Summary Judgment, DENIES Defendant’s Motion for
Summary Judgment and REMANDS this matter under sentence four of 42 U.S.C.
§ 405(g) for further consideration consistent with this report and recommendation.

IT IS SO ORDERED.

Date: March 8, 2019

s/Marianne O. Battani
MARIANNE O. BATTANI
United States District Judge

CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing Order was served upon counsel of record via the Court's ECF System to their
respective email addresses or First Class U.S. mail to the non-ECF participants on March 8, 2019.
s/ Kay Doaks
Case Manager

2