Badour v. Comm'r of Soc. Sec.

Full title: ALICE BADOUR, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

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

Date published: Aug 2, 2011

Case Number 10-13280-BC (E.D. Mich. Aug. 2, 2011)

Opinion

Case Number 10-13280-BC

08-02-2011

ALICE BADOUR, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

THOMAS L. LUDINGTON

Honorable Thomas L. Ludington

ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION,

GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT TO THE EXTENT

THAT IT REQUESTS REMAND, DENYING DEFENDANT'S MOTION FOR

SUMMARY JUDGMENT, AND REMANDING CASE TO THE COMMISSIONER

Magistrate Judge R. Steven Whalen issued a report and recommendation [Dkt. # 15] on July 18, 2011, recommending that the Court grant Plaintiff's motion for summary judgment to the extent she is seeking a remand to the Commissioner for further consideration of her disability claim. Judge Whalen concluded that there were at least two errors in the record that necessitated remand, but that the evidence of disability was not so "overwhelming" that her claim should be granted.

Any party may serve and file written objections "[w]ithin fourteen days after being served with a copy" of the report and recommendation. 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. Thomas v. Arn, 474 U.S. 140, 149-52 (1985).

Accordingly, it is ORDERED that the Judge Whalen's report and recommendation [Dkt. # 15] is ADOPTED.

It is further ORDERED that Plaintiffs motion for summary judgment [Dkt. # 11] is GRANTED to the extent she is seeking remand to the Commissioner.

It is further ORDERED that Defendant's motion for summary judgment [Dkt. # 13] is DENIED.

It is further ORDERED that this case is REMANDED to the Commissioner for further consideration of Plaintiff's disability claim in accordance with the guidance provided by Judge Whalen's order.

THOMAS L. LUDINGTON

United States District Judge

PROOF OF SERVICE

The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first class U.S. mail on August 2, 2011.

TRACY A. JACOBS