Opinion
Case No. 14-12634
07-15-2015
PAMELA THERESA HILL, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION (Doc. 17) AND GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AS TO A REMAND (Doc. 13) AND DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (Doc. 14) AND REMANDING MATTER FOR FURTHER ADMINISTRATIVE PROCEEDINGS
I.
This is a Social Security case. Plaintiff Pamela Theresa Hill appeals from the final determination of the Commissioner of Social Security (Commissioner) that she is not disabled and therefore not entitled to disability insurance benefits or supplemental security income. The matter was referred to a magistrate judge for all pretrial proceedings. Plaintiff and the Commissioner filed cross motions for summary judgment.
On June 15, 2015, the magistrate judge issued a report and recommendation (MJRR), recommending that plaintiff's motion be granted to the extent that the case is remanded for further administrative proceedings and that the Commissioner's motion be denied. Specifically, the magistrate judge recommends that the matter be remanded for further administrative proceedings under sentence four because of insufficient support for the ALJ's findings and for the resolution of certain factual issues.
"A district court's authority to remand a case for further administrative proceedings is found in 42 U.S.C. § 405(g)." Hollon v. Commissioner, 447 F.3d 477, 482-83 (6th Cir. 2006). The statute permits only two types of remand: a sentence four (post-judgment) remand made in connection with a judgment affirming, modifying, or reversing the Commissioner's decision; and a sentence six (pre-judgment) remand where the court makes no substantive ruling as to the correctness of the Commissioner's decision. Hollon, 447 F.3d at 486 (citing Melkonyan v. Sullivan, 501 U.S. 89, 99-100, 111 S.Ct. 2157, 115 L.Ed.2d 78 (1991)). --------
II.
Neither party has filed objections to the MJRR and the time for filing objections has passed. The failure to file objections to the report and recommendation waives any further right to appeal. Smith v. Detroit Federation of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir.1987). Likewise, the failure to object to the magistrate judge's report releases the Court from its duty to independently review the motions. Thomas v. Arn, 474 U.S. 140, 149 (1985).
However, the Court has reviewed the MJRR and agrees with the magistrate judge. Accordingly, the findings and conclusions of the magistrate judge are ADOPTED as the findings and conclusions of the Court. Plaintiff's motion for summary judgment is GRANTED IN PART AND DENIED IN PART. The Commissioner's motion for summary judgment is DENIED.
This matter is REMANDED for further administrative proceedings consistent with the MJRR.
SO ORDERED.
Dated: July 15, 2015
Detroit, Michigan
S/Avern Cohn
AVERN COHN
UNITED STATES DISTRICT JUDGE