Whisnant v. Social Security, Commissioner of

Filing 14

ORDER Adopting 13 Report and Recommendation. Signed by District Judge Terrence G. Berg. (Chubb, A)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MARIA WHISNANT,
Plaintiff,

Case No. 13-11894
HON. TERRENCE G. BERG
HON. CHARLES E. BINDER

v.
COMMISSIONER OF
SOCIAL SECURITY,
Defendant.

/

ORDER ADOPTING REPORT AND RECOMMENDATION
This matter is before the court on Magistrate Judge Charles E. Binder’s April
17, 2014 Report and Recommendation (Dkt. 13), recommending that Plaintiff’s
Motion for Summary Judgment (Dkt. 8) be GRANTED, that Defendant’s Motion for
Summary Judgment (Dkt. 12) be DENIED, and that the case be REMANDED to
the Commissioner for further proceedings, pursuant to sentence four of 42 U.S.C. §
405(g).
The law provides that either party may serve and file written objections
“[w]ithin fourteen days after being served with a copy” of the report and
recommendation. 28 U.S.C. § 636(b)(1). The district court will make a “de novo
determination of those portions of the report . . . to which objection is made.” Id.
Where, as here, neither party objects to the report, the district court is not obligated
to independently review the record. See Thomas v. Arn, 474 U.S. 140, 149-52

(1985). Nevertheless, the Court has carefully reviewed Magistrate Judge Binder’s
Report and Recommendation of April 17, 2014.
The Report & Recommendation is hereby ACCEPTED and ADOPTED as
this Court’s findings of fact and conclusions of law.
Accordingly, Plaintiff’s Motion for Summary Judgment (Dkt. 8) is
GRANTED, Defendant’s Motion for Summary Judgment (Dkt. 12) is DENIED, and
the case is REMANDED to the Commissioner, pursuant to sentence four of 42
U.S.C. § 405(g), for further development of the administrative record, including the
acquisition of vocational expert opinion evidence.
SO ORDERED.
Dated: May 15, 2014

s/Terrence G. Berg
TERRENCE G. BERG
UNITED STATES DISTRICT JUDGE
Certificate of Service

I hereby certify that this Order was electronically submitted on May 15,
2014, using the CM/ECF system, which will send notification to all parties.
s/A. Chubb
Case Manager

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