Kaplan v. Comm'r of Soc. Sec.

Full title: WAYNE KAPLAN, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

Court: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

Date published: Dec 15, 2014

Case No. 13-cv-14554 (E.D. Mich. Dec. 15, 2014)

Opinion

Case No. 13-cv-14554

12-15-2014

WAYNE KAPLAN, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

Honorable Gershwin A. Drain

ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION [#14], GRANTING PLAINTIFF'S MOTION FOR SUMMAYR JUDGMENT [#11], AND DENYING DEFENDANT'S MOTIONI FOR SUMMARY JUDGMENT [#12]

This matter is before the Court on the Parties' Cross-Motions for Summary Judgment as to Plaintiff Wayne Kaplan's claim for judicial review of Defendant Commissioner of Social Security's denial of a period of disability, Disability Insurance Benefits, and Supplemental Security Income benefits. The matter was referred to Magistrate Judge Charles E. Binder, who issued a Report and Recommendation on November 19, 2014, recommending that the Court grant Plaintiff's Motion for Summary Judgment; deny Defendant's Motion for Summary Judgment; and remand this matter to the Commissioner for further proceedings. See Dkt. No. 14. Neither party has filed objections to the Magistrate Judge's Report and Recommendation, and the time for filing objections has expired. See 28 U.S.C. § 636(b)(1)(C).

Upon review of the Parties' briefing and the Magistrate Judge's Report and Recommendation, the Court concludes that the Magistrate Judge reached the correct conclusion. Accordingly, the Court hereby ACCEPTS and ADOPTS Magistrate Judge Binder's November 19, 2014 Report and Recommendation [#14] as this Court's findings of fact and conclusions of law. Plaintiff's Motion for Summary Judgment [#11] is GRANTED. Defendant's Motion for Summary Judgment [#12] is DENIED.

This matter is remanded to the Commissioner of Social Security pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings consistent with Magistrate Judge Binder's Report and Recommendation.

SO ORDERED. Dated: December 15, 2014

/s/ Gershwin A. Drain

Hon. Gershwin A. Drain

United States District Court Judge

CERTIFICATE OF SERVICE

The undersigned certifies that the foregoing document was served upon counsel of record and any unrepresented parties via the Court's ECF System to their respective email or First Class U.S. mail addresses disclosed on the Notice of Electronic Filing on December 15, 2014.

s/A. Chubb

AMANDA CHUBB

Case Manager