Summary
In Trainor, 2014 WL 988993, the medical evidence demonstrated some deficits commensurate with Listing 1.04, such as an MRI demonstrating stenosis and a finding of limited range of motion in the lumbar spine.
Summary of this case from Snoddy v. Comm'r of Soc. Sec.Opinion
Case No. 13-10093
03-13-2014
NELLIE TRAINOR, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
HON. TERRENCE G. BERG
HON. LAURIE J. MICHELSON
ORDER ADOPTING MAGISTRATE JUDGE'S
REPORT AND RECOMMENDATION
This matter is before the Court on Magistrate Judge Laurie J. Michelson's Report and Recommendation of February 13, 2014, (Dkt. 20) recommending that Plaintiff's motion for summary judgment (Dkt. 14) be granted in part, that Defendant's motion for summary judgment (Dkt. 17) be denied, and that under sentence four of 42 U.S.C. § 405(g) the disability determination of the Commissioner of Social Security be remanded.
The Court has reviewed the Magistrate Judge's Report and Recommendation. The law provides that either party may serve and file written objections "[w]ithin fourteen days after being served with a copy" of the report and recommendations. 28 U.S.C. § 636(b)(1). The district court will make a "de novo determination of those portions of the report . . . to which objection is made." Id. Where, as here, neither party objects to the report, the district court is not obligated to independently review the record. See Thomas v. Arn, 474 U.S. 140, 149-52 (1985). The Court has reviewed and will accept the Magistrate Judge's Report and Recommendation of February 13, 2014, (Dkt. 20) as the findings and conclusions of this court.
Accordingly, it is hereby ORDERED that Magistrate Judge Michelson's Report and Recommendation of February 13, 2014, (Dkt. 15) is ACCEPTED and ADOPTED.
It is FURTHER ORDERED that Plaintiff's motion for summary judgment (Dkt. 14) is GRANTED IN PART, and the Defendant's motion for summary judgment (Dkt. 17) is DENIED.
It is FURTHER ORDERED that under sentence four of 42 U.S.C. § 405(g) the disability determination of the Commissioner of Social Security is REMANDED.
________________
TERRENCE G. BERG
UNITED STATES DISTRICT JUDGE
Certificate of Service
I hereby certify that this Order was electronically submitted on March 13, 2014, using the CM/ECF system, which will send notification to each party.
By: H. Monda for A. Chubb
Case Manager