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AMERSON v. COMMISSIONER OF SOCIAL SECURITY, 12-14395. (2014)

Court: District Court, E.D. Michigan Number: infdco20140319h08 Visitors: 4
Filed: Mar. 18, 2014
Latest Update: Mar. 18, 2014
Summary: ORDER (1) ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION (Dkt. No. 20); (2) DENYING DEFENDANT COMMISSIONER'S MOTION FOR SUMMARY JUDGMENT AT THIS POINT IN THE PROCEEDINGS (Dkt. No. 19); (3) GRANTING IN PART PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT TO THE EXTENT IT SEEKS A REMAND PURSUANT TO THE FOURTH SENTENCE OF 42 U.S.C. 405(g) FOR FURTHER PROCEEDINGS (Dkt. No. 15); AND (4) DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT IN PART TO THE EXTENT IT SEEKS AN AWARD OF BENEFITS PAUL D. B
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ORDER (1) ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION (Dkt. No. 20); (2) DENYING DEFENDANT COMMISSIONER'S MOTION FOR SUMMARY JUDGMENT AT THIS POINT IN THE PROCEEDINGS (Dkt. No. 19); (3) GRANTING IN PART PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT TO THE EXTENT IT SEEKS A REMAND PURSUANT TO THE FOURTH SENTENCE OF 42 U.S.C. § 405(g) FOR FURTHER PROCEEDINGS (Dkt. No. 15); AND (4) DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT IN PART TO THE EXTENT IT SEEKS AN AWARD OF BENEFITS

PAUL D. BORMAN, District Judge.

On January 15, 2014, Magistrate Judge David R. Grand issued a Report and Recommendation addressing the cross motions for summary judgment in this action. (Dkt. No. 20). In the Report and Recommendation, the Magistrate Judge recommends that this Court grant in part Plaintiff's motion for summary judgment to the extent that this case be remanded for further fact-finding pursuant to the fourth sentence of 42 U.S.C. § 405(g). (Dkt. No. 15). The Magistrate Judge also recommends the Court deny in part Plaintiff's motion to the extent she seeks an award of benefits. (Dkt. No. 15).

Having reviewed that Report and Recommendation, the parties' cross-motions for summary judgment and the record as a whole, and there being no timely objections from either party pursuant to 28 U.S.C. § 636(b)(1) and E.D. Mich L.R. 72.1(d), the Court will adopt the Magistrate Judge's Report and Recommendation.

Therefore, the Court ADOPTS the Magistrate Judge's Report and Recommendation (Dkt. No. 20), GRANTS IN PART Plaintiff's Motion for Summary Judgment to the extent that the case is remanded to the Commissioner for further proceedings (Dkt. No. 15), DENIES Defendant's Motion for Summary Judgment at this point in the proceedings (Dkt. No. 19), and REMANDS the matter to the Commissioner for further proceedings consistent with the Magistrate Judge's Report and Recommendation and pursuant to Sentence Four of 42 U.S.C. § 405(g).

This Order closes this case in this Court at this time.

IT IS SO ORDERED.

Source:  Leagle

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