Schweihofer v. Commissioner of Social Security Administration

Filing 17

ORDER Adopting Report and Recommendation Granting 12 Motion for Summary Judgment filed by Tracy Schweihofer, Denying 15 Motion for Summary Judgment filed by Commissioner of Social Security Administration and Remanding Case Signed by District Judge Marianne O. Battani. (KDoa)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
TRACY SCHWEIHOFER,
Plaintiff,

CASE NO. 17-14222
HON. MARIANNE O. BATTANI

COMMISSIONER
OF SOCIAL SECURITY,
Defendant.
_________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION AND GRANTING
PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT, DENYING DEFENDANT’S
MOTION FOR SUMMARY JUDGMENT AND REMANDING CASE
Plaintiff Tracy Schweihofer brings this action pursuant to 42 U.S.C. § 405(g),
challenging the final decision of the Commissioner denying her claim for Social Security
Disability Insurance Benefits (“SSDI”). The case was referred to Magistrate Judge
Stephanie Dawkins Davis 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 February 22, 2019, Magistrate Judge Davis
recommended that plaintiff’s motion for summary judgment be granted, and that
defendant’s motion for summary judgment be denied, and that the case be remanded to
the Commissioner for further proceedings. 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.
16 at 29).

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,
DENIES Defendant’s Motion for Summary Judgment, GRANTS Plaintiff’s Motion for
Summary Judgment, and REMANDS this case to the Commissioner for further
proceedings pursuant to Sentence Four of 42 U.S.C. § 405(g).
IT IS SO ORDERED.

Date: March 25, 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 25, 2019.
s/ Kay Doaks
Case Manager

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