Opinion
Case No. 15-14483
02-23-2017
MUSA HASSAN ALI, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
U.S. MAGISTRATE JUDGE PATRICIA T. MORRIS
ORDER ADOPTING REPORT AND RECOMMENDATION [22]; GRANTING IN PART PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT [13]; AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT [18]
On January 20, 2017, Magistrate Judge Morris issued a Report and Recommendation [22] on the parties' motions for summary judgment [13, 18]. Neither party filed any objection to the Report and Recommendation. Judge Morris recommended the following:
• Plaintiff Musa Hassan Ali's Motion for Summary Judgment [13] be granted in part as to the analysis of Listing 3.02A or B, but denied in all other respects;
• Defendant Commissioner's Motion for Summary Judgment [18] be denied in part; and
• This case be remanded for further proceedings under Sentence Four of 42 U.S.C. § 405(g).
Sentence Four of 42 U.S.C. § 405(g) states: The court shall have power to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Commissioner of Social Security, with or without remanding the cause for a rehearing. --------
The Court having reviewed the record, the Report and Recommendation [22] is hereby ADOPTED and entered as the findings and conclusions of the Court. Accordingly,
IT IS ORDERED that Plaintiff's Motion for Summary Judgment [13] is GRANTED IN PART. Plaintiff's claim is REMANDED to the Commissioner for further proceedings consistent with this Order.
IT IS FURTHER ORDERED that Defendant's Motion for Summary Judgment [18] is DENIED IN PART.
SO ORDERED.
s/Arthur J. Tarnow
Arthur J. Tarnow
Senior United States District Judge Dated: February 23, 2017