Fick v Commissioner of Social Security

Filing 20

ORDER granting in part and denying in part 14 Motion for Summary Judgment; denying 17 Motion for Summary Judgment; adopting 19 Report and Recommendation. Signed by District Judge Arthur J. Tarnow. (MLan)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
THOMAS JAMES FICK,
Case No. 18-13427
Plaintiff,
SENIOR U.S. DISTRICT JUDGE
ARTHUR J. TARNOW

v.
COMMISSIONER OF SOCIAL SECURITY,

U.S. MAGISTRATE JUDGE
DAVID R. GRAND

Defendant.
/
ORDER ADOPTING THE REPORT AND RECOMMENDATION [19]; GRANTING IN
PART AND DENYING IN PART PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
[14]; AND DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT [17]
Plaintiff, Thomas James Fick, has sought judicial review of an Administrative
Law Judge (ALJ) decision denying his application for disability benefits. On
September 17, 2019, the Magistrate Judge issued a Report and Recommendation
(“R&R”) [Dkt. # 19] on the parties’ motions for summary judgment [14, 17]. Neither
party filed an objection to the R&R. The Magistrate Judge determined that the matter
should be remanded because the Administrative Law Judge (“ALJ”) discounted the
opinions of Mr. Fick’s treating mental health providers without supporting his
decision with substantial evidence from the record.

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The Court having reviewed the record, the Report and Recommendation [19]
is hereby ADOPTED and entered as the findings and conclusions of the Court.
Accordingly,
IT IS ORDERED that Plaintiff’s Motion for Summary Judgment [14] is
GRANTED insofar as it seeks remand and DENIED insofar as it seeks an award of
benefits.
IT IS FURTHER ORDERED that Defendant’s Motion for Summary
Judgment [17] is DENIED.
IT IS FURTHER ORDERED that this case be REMANDED to the
Commissioner for further proceedings consistent with this Order and the Report and
Recommendation.
SO ORDERED.

Dated: October 9, 2019

s/Arthur J. Tarnow
Arthur J. Tarnow
Senior United States District Judge

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