Summary
dismissing Plaintiff's argument that the written interrogatories did not comply with HALLEX because Plaintiff's counsel earlier indicated that he had no objections to the evidence submitted
Summary of this case from Fraley v. Comm'r of Soc. Sec.Opinion
Case No. 12-cv-14643
2013-09-26
MELISSA GIBBS, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
HON. GERSHWIN A. DRAIN
ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION [#16],
GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT [#10], DENYING
DEFENDANT'S MOTION FOR SUMMARY JUDGMENT [#15], AND REMANDING
THE CASE FOR AN AWARD OF BENEFITS
On October 19, 2012, Plaintiff filed a Complaint for judicial review following an adverse decision of the Commissioner of Social Security. The matter was referred to Magistrate Judge Charles E. Binder, who issued a Report and Recommendation on August 26, 2013. Magistrate Judge Binder recommended that Plaintiff's Motion for Summary Judgment be granted and Defendant's Motion for Summary Judgment be denied because "the absence of objective medical evidence to support a diagnosis of fibromyalgia or its severity is irrelevant." Kalmbach v. Comm'r of Soc. Sec., 409 F. App'x 852, 863-64 (6th Cir. 2011). No objections have been filed to the Report and Recommendation. The Court has reviewed the Report and Recommendation, and in the absence of any timely objection,
The Court hereby adopts Magistrate Judge Binder's August 26, 2013 Report and Recommendation [#16] in its entirety. Plaintiff's Motion for Summary Judgment [#10] is GRANTED. Defendant's Motion for Summary Judgment [#15] is DENIED. Plaintiff's claim is hereby REMANDED FOR AWARD OF BENEFITS.
SO ORDERED.
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GERSHWIN A. DRAIN
UNITED STATES DISTRICT JUDGE