Elawyers Elawyers
Ohio| Change

PIZZO v. COMMISSIONER OF SOCIAL SECURITY, 13-CV-11344. (2014)

Court: District Court, E.D. Michigan Number: infdco20140317a97 Visitors: 16
Filed: Mar. 14, 2014
Latest Update: Mar. 14, 2014
Summary: ORDER ACCEPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION (DOC. #17) GRANTING IN PART PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (DOC. #12), DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (DOC. #15), AND REMANDING ACTION GEORGE CARAM STEEH, District Judge. Before the court are the parties' cross-motions for summary judgment, which were referred to the magistrate judge for a report and recommendation. On February 20, 2014, Magistrate Judge Michael Hluchaniuk issued his report, recommending tha
More

ORDER ACCEPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION (DOC. #17) GRANTING IN PART PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (DOC. #12), DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (DOC. #15), AND REMANDING ACTION

GEORGE CARAM STEEH, District Judge.

Before the court are the parties' cross-motions for summary judgment, which were referred to the magistrate judge for a report and recommendation. On February 20, 2014, Magistrate Judge Michael Hluchaniuk issued his report, recommending that the court grant the plaintiff's motion for summary judgment, deny the defendant's motion for summary judgment, and remand the matter for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g).

The magistrate judge specifically stated that any objections to his report were to be filed within 14 days of service, and that failure to file such objections constituted a waiver of any further right of appeal. See Thomas v. Arn, 474 U.S. 140, 155 (1985). No such objections were filed by either party.

The court has reviewed the record and briefing in this matter, as well as the magistrate judge's report and recommendation. Finding that report and recommendation to be well-reasoned, the court hereby adopts the result recommended therein. Accordingly, plaintiff's motion for summary judgment is hereby GRANTED IN PART, to the extent it seeks remand, but denied to the extent it seeks outright reversal and an award of benefits. Defendant's motion for summary judgment is DENIED, and this cause of action is REVERSED and REMANDED to the Commissioner of Social Security for further proceedings as stated in the report and recommendation.

IT IS SO ORDERED.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer