Kincaid v. Commissioner of Social Security Administration

Filing 20

ORDER Adopting 19 Report and Recommendation. Signed by District Judge Judith E. Levy. (SBur)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION Randy Alan Kincaid, Plaintiff, v. Case No. 16-cv-14441 Judith E. Levy United States District Judge Nancy A. Berryhill, Acting Commissioner of Social Security, Mag. Judge Elizabeth A. Stafford Defendant. ________________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION [19] Before the Court is Magistrate Judge Elizabeth A. Stafford’s Report and Recommendation recommending the Court grant plaintiff’s motion for summary judgment (Dkt. 17) and deny defendant’s motion for summary judgment. (Dkt. 18.) The parties were required to file specific written objections within 14 days of service. Fed. R. Civ. P. 72(b)(2); E.D. Mich. L.R. 72.1(d). No objections were filed. The Court has nevertheless thoroughly reviewed the Report and Recommendation, and concurs in the reasoning and result. Accordingly, The Report and Recommendation (Dkt. 19) is ADOPTED; Plaintiff’s motion for summary judgment [17] is GRANTED, defendant’s motion for summary judgment [18] is DENIED, and the matter is REMANDED pursuant to 42 U.S.C. § 405(g) for further consideration consistent with the Report and Recommendation. IT IS SO ORDERED. Dated: February 12, 2018 Ann Arbor, Michigan s/Judith E. Levy JUDITH E. LEVY United States District Judge CERTIFICATE OF SERVICE The undersigned certifies that the foregoing document was served upon counsel of record and any unrepresented parties via the Court’s ECF System to their respective email or First Class U.S. mail addresses disclosed on the Notice of Electronic Filing on February 12, 2018. s/Shawna Burns SHAWNA BURNS Case Manager 2

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