Opinion
Case No. 19-cv-11570
10-30-2020
TIFFANY A. BAUER, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER (1) GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (ECF No. 14) , (2) DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (ECF No. 15), AND (3) REMANDING THIS ACTION FOR FURTHER ADMINISTRATIVE PROCEEDINGS
In this action, Plaintiff Tiffany Bauer challenges the denial of her application for disability insurance benefits under the Social Security Act. (See Compl., ECF No. 1.) Bauer and Defendant Commissioner of Social Security have now filed cross-motions for summary judgment. (See Mots., ECF Nos. 14, 15.)
On August 31, 2020, the assigned Magistrate Judge issued a Report and Recommendation in which she recommended that the Court grant Bauer's motion, deny the Commissioner's motion, and remand this action to the Commissioner for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g). (the "R&R"). (See R&R, ECF No. 17.) At the conclusion of the R&R, the Magistrate Judge informed the parties that if they wanted to seek review of her recommendation, they needed to file specific objections with the Court within fourteen days. (See id., PageID.714.)
The Commissioner has not filed any objections to the R&R. The failure to object to an R&R releases the Court from its duty to independently review the matter. See Thomas v. Arn, 474 U.S. 140, 149 (1985). In addition, the failure to file objections to an R&R waives any further right to appeal. See Howard v. Sec'y of Health and Human Servs., 932 F.2d 505 (6th Cir. 1991); Smith v. Detroit Fed'n of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987).
Accordingly, because the Commissioner has failed to file any objections to the R&R, IT IS HEREBY ORDERED that the Magistrate Judge's recommendation to grant Bauer's Motion for Summary Judgment and deny the Commissioner's Motion for Summary Judgment is ADOPTED.
IT IS FURTHER ORDERED that (1) Bauer's Motion for Summary Judgment (ECF No. 14) is GRANTED, (2) the Commissioner's Motion for Summary Judgment (ECF No. 15) is DENIED, and (3) this action is REMANDED to the Commissioner for further administrative proceedings consistent with the R&R and this order.
IT IS SO ORDERED.
s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE Dated: October 30, 2020
I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on October 30, 2020, by electronic means and/or ordinary mail.
s/Holly A. Monda
Case Manager
(810) 341-9764