Brown v. Commissioner of Social Security

Full title: TIMOTHY BROWN, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant

Court: United States District Court, E.D. Michigan, Southern Division

Date published: Mar 9, 2009

CASE NUMBER: 07-15418 (E.D. Mich. Mar. 9, 2009)

Opinion

CASE NUMBER: 07-15418.

March 9, 2009

ORDER ADOPTING REPORT AND RECOMMENDATION

VICTORIA ROBERTS, District Judge

On February 13, 2009, Magistrate Judge Michael Hluchaniuk submitted a Report and Recommendation (Doc. #14) recommending that the Court: (1) DENY Plaintiff's Motion for Summary Judgment (Doc. #10); (2) DENY Defendant's Motion for Summary Judgment (Doc. #12); and (3) GRANT Plaintiff's motion to, in the alternative, remand the matter to the Administrative Law Judge ("ALJ").

Because the Court has not received objections from either party within the time frame provided for in 28 U.S.C. § 636(b)(1) and E.D. Mich. R. 72.1(d)(2), the Court will adopt the Magistrate Judge's Report and Recommendation. The Court, therefore, DENIES both parties' Motions for Summary Judgment and REMANDS this matter to the ALJ for further consideration. On remand, the ALJ must incorporate all of Plaintiff's limitations, including his "moderate" limitations in concentration, persistence and pace, into any hypothetical to the vocational expert.

IT IS ORDERED.

The undersigned certifies that a copy of this document was served on the attorneys of record by electronic means or U.S. Mail on March 9, 2009.