DiNicola v. Social Security, Commissioner of, No. 2:2014cv13937 - Document 17 (E.D. Mich. 2015)
Court Description: OPINION AND ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION 16 . Signed by District Judge Gershwin A. Drain. (KWin)
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DiNicola v. Social Security, Commissioner of Doc. 17 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION CATHY DINICOLA, Case No. 14-cv-13937 Plaintiff, UNITED STATES DISTRICT COURT JUDGE GERSHWIN A. DRAIN v. COMMISSIONER OF SOCIAL SECURITY, UNITED STATES MAGISTRATE JUDGE ANTHONY P. PATTI Defendant. / OPINION AND ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION [16] This matter is before the court on the parties’ Cross-Motions for Summary Judgment [14, 15] as to Plaintiff Cathy DiNicola’s claim for judicial review of Defendant Commissioner of Social Security’s denial of disability benefits under the Social Security Act. The matter was referred to Magistrate Judge Mona K. Majzoub, who issued a Report and Recommendation [16] on August 31, 2015, recommending that the Court grant Plaintiff’s Motion for Summary Judgment, deny Defendant’s Motion for Summary Judgment, and remand this matter to the Commissioner for further proceedings. Neither party has filed objections to the Magistrate Judge’s Report and Recommendation, and the time for filing objections has expired. See 28 U.S.C. § 636(b)(1)(C). Upon review of the parties’ briefing and the Magistrate Judge’s Report and Recommendation, the Court concludes that the Magistrate Judge reached the correct conclusion. The matter should be remanded for further consideration due to the procedural error of inadequate explanation in determining the effects of Plaintiff’s non-severe impairments on her residual functional capacity. 1 Dockets.Justia.com Accordingly, the Court hereby ACCEPTS and ADOPTS Magistrate Judge Majzoub’s Report and Recommendation [16] as this Court’s findings of fact and conclusions of law. Plaintiff’s Motion for Summary Judgment [14] is GRANTED. Defendant’s Motion for Summary Judgment [15] is DENIED. This matter is remanded to the Commissioner of Social Security pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings consistent with Magistrate Judge Majzoub’s Report and Recommendation. IT IS SO ORDERED. Dated: September 25, 2015 /s/Gershwin A Drain Hon. Gershwin A. Drain United States District Court Judge 2
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