Opinion
Case Number 11-13265
06-25-2012
LINDA BARBERA, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
Honorable Thomas L. Ludington
ORDER ADOPTING REPORT AND RECOMMENDATION, GRANTING IN PART
PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT, DENYING DEFENDANT'S
MOTION FOR SUMMARY JUDGMENT, AND REMANDING THE DECISION OF
THE COMMISSIONER
United States Magistrate Judge Laurie J. Michelson issued a report and recommendation (ECF No. 19) on June 5, 2012, recommending that the Court grant in part and deny in part Plaintiff's motion for summary (ECF No. 15), deny Defendant's motion for summary judgment (ECF No. 18), and that, pursuant to sentence four of 42 U.S.C. § 405(g), the decision of the Commissioner be remanded. 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. Thomas v. Arn, 474 U.S. 140, 149-52 (1985).
Accordingly, it is ORDERED that Judge Michelson's report and recommendation (ECF No. 19) is ADOPTED.
It is further ORDERED that Plaintiff's motion for summary judgment (ECF No. 11) is GRANTED IN PART AND DENIED IN PART.
It is further ORDERED that the Defendant's motion for summary judgment (ECF No. 12) is DENIED.
It is further ORDERED that the decision of the Commissioner is REMANDED for further consideration of Plaintiff's application for Disability Insurance Benefits in accordance with the guidance provided by Judge Michelson's report and recommendation (ECF No. 16).
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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 June 25, 2012.
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TRACY A. JACOBS