Walker v. Social Security, No. 2:2020cv13031 - Document 22 (E.D. Mich. 2022)
Court Description: OPINION AND ORDER denying 18 and granting in part and denying in part 14 . Signed by District Judge Linda V. Parker. (AFla)
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION CALVIN T. WALKER, Plaintiff, Civil Case No. 20-13031 Honorable Linda V. Parker v. COMMISSIONER OF SOCIAL SECURITY, Defendant. ________________________________/ OPINION AND ORDER On November 12, 2020, Plaintiff filed this lawsuit challenging a final decision of the Commissioner denying Plaintiff’s application for social security benefits. On November 13, 2020, this Court referred the lawsuit to Magistrate Judge David R. Grand 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 May 11, 2022, Magistrate Judge Grand issued an R&R recommending that this Court deny the Commissioner’s motion, grant in part and deny in part Plaintiff’s motion, and remand the matter for further proceedings. At the conclusion of the R&R, Magistrate Judge Grand advises the parties that they may object to and seek review of the R&R within fourteen days of service upon them. He 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 Grand. The Court therefore adopts Magistrate Judge Grand’s recommendations. Accordingly, IT IS ORDERED that the Commissioner of Social Security’s motion for summary judgment (ECF No. 18) is DENIED. IT IS FURTHER ORDERED that Plaintiff’s motion for summary judgment (ECF No. 14) is GRANTED IN PART AND DENIED IN PART. IT IS FURTHER ORDERED that the decision of the Commissioner is REVERSED and this matter is REMANDED to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g). IT IS SO ORDERED. s/ Linda V. Parker LINDA V. PARKER U.S. DISTRICT JUDGE Dated: July 6, 2022 2
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