Dupont v. Commissioner of Social Security

Filing 17

OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION GRANTING PLAINTIFFS MOTION FOR SUMMARY JUDGMENT, DENYING DEFENDANTS MOTION, REVERSING THE FINDINGS OF THE COMMISSIONER AND REMANDING FOR FURTHER PROCEEDINGS Signed by District Judge Marianne O. Battani. (KDoa)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

JEANNE M. DUPONT,

CASE NO. 18-11310
HON. MARIANNE O. BATTANI

Plaintiff,
v.

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
_________________________/

OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION
GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT, DENYING
DEFENDANT’S MOTION, REVERSING THE FINDINGS OF THE
COMMISSIONER AND REMANDING FOR FURTHER PROCEEDINGS
Plaintiff Jean M. Dupont brings this action pursuant to 42 U.S.C. § 405(g),
challenging the final decision of the Commissioner that her disability ended as of July
20, 2016. The case was referred to Magistrate Judge Stephanie Dawkins Davis
pursuant to 28 U.S.C. § 636.
In a Report and Recommendation ("R&R") dated August 15, 2019, the
Magistrate Judge recommended that Plaintiff's Motion for Summary Judgment be
granted, Defendant's Motion for Summary Judgment be denied, that the findings of the
Commissioner be reversed, and the matter remanded to the Commissioner under
Sentence Four of 42 U.S.C. § 405(g) for further proceedings.
In her Report and Recommendation, 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 21).
Neither party filed an objection. Moreover, this Court agrees with the thorough analysis
set forth 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 for further proceedings consistent with
the R&R pursuant to sentence four of 42 U.S.C. § 405(g).
IT IS SO ORDERED.

Date: September 10, 2019

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

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