Furman v. Social Security
Filing
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OPINION and ORDER. Signed by District Judge Linda V. Parker. (RLou)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
KEITH B. FURMAN,
Plaintiff,
Civil Case No. 17-12857
Honorable Linda V. Parker
v.
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
________________________________/
OPINION AND ORDER
On August 30, 2017, Plaintiff filed this lawsuit challenging a final decision
of the Commissioner denying Plaintiff’s application for social security benefits.
On the same date, this Court referred the lawsuit to Magistrate Judge Elizabeth A.
Stafford for all pretrial proceedings, including a hearing and determination of all
non-dispositive matters pursuant to 28 U.S.C. § 636(b)(1)(A) and/or a report and
recommendation (“R&R”) on all dispositive matters pursuant to 28 U.S.C.
§ 636(b)(1)(B). The parties subsequently filed cross-motions for summary
judgment.
On August 15, 2018, Magistrate Judge Stafford issued an R&R
recommending that this Court grant Plaintiff’s motion, deny Defendant’s motion,
and remand the matter pursuant to sentence four of 42 U.S.C. § 405(g) for further
proceedings consistent with the R&R. At the conclusion of the R&R, Magistrate
Judge Stafford advises the parties that they may object to and seek review of the
R&R within fourteen days of service upon them. She further specifically advises
the parties that “[f]ailure to file specific objections constitutes a waiver of any
further right to appeal.” Neither Plaintiff nor Defendant filed objections to the
R&R.
The Court has carefully reviewed the R&R and concurs with the conclusions
reached by Magistrate Judge Stafford. The Court therefore adopts Magistrate
Judge Stafford’s R&R.
Accordingly,
IT IS ORDERED that Plaintiff’s motion for summary judgment (ECF No.
13) is GRANTED;
IT IS FURTHER ORDERED that Defendant’s motion for summary
judgment (ECF No. 20) is DENIED;
IT IS FURTHER ORDERED that this matter is remanded to the
Commissioner of Social Security pursuant sentence four of 42 U.S.C. § 405(g).
s/ Linda V. Parker
LINDA V. PARKER
U.S. DISTRICT JUDGE
Dated: September 4, 2018
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I hereby certify that a copy of the foregoing document was mailed to counsel of
record and/or pro se parties on this date, September 4, 2018, by electronic and/or
U.S. First Class mail.
s/ R. Loury
Case Manager
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