Borgman v. Comm'r of Soc. Sec.

Full title: CARL F. BORGMAN, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

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

Date published: Aug 16, 2012

Civil Action No. 11-12938 (E.D. Mich. Aug. 16, 2012)

Opinion

Civil Action No. 11-12938

08-16-2012

CARL F. BORGMAN, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

MARK A. GOLDSMITH

HON. MARK A. GOLDSMITH

ORDER (1) ACCEPTING AND ADOPTING THE MAGISTRATE JUDGE'S REPORT

AND RECOMMENDATION, (2) DENYING DEFENDANT'S MOTION FOR

SUMMARY JUDGMENT, and (3) GRANTING IN PART PLAINTIFF'S MOTION FOR

SUMMARY JUDGMENT

This matter is presently before the Court on the Report and Recommendation ("R&R") of Magistrate Judge Mona K. Majzoub, issued on July 9, 2012 (Dkt. 15). The Magistrate Judge recommends that the Commissioner's motion for summary judgment be denied, that Plaintiff's motion for summary judgment be granted, and that the matter be remanded for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g).

Despite requesting - and being granted - an extension of time in which to file objections to the R&R, the Commissioner has not done so, and the extended deadline of August 1, 2012 has now expired. Therefore, the Commissioner has waived any further right to challenge the R&R. Thomas v. Arn, 474 U.S. 140, 155 (1985). In any event, the Court has reviewed the R&R and concludes that the Magistrate Judge has reached the correct result for the correct reasons. Accordingly, the Magistrate Judge's R&R is accepted and adopted as the findings and conclusions of the Court, the Commissioner's motion for summary judgment (Dkt. 13) is denied, Plaintiff's motion for summary judgment (Dkt. 10) is granted in part, and the matter is remanded for further administrative proceedings, as described by the Magistrate Judge in her R&R, pursuant to sentence four of 42 U.S.C. § 405(g).

SO ORDERED. Dated: August 16, 2012

Flint, Michigan

____________________

MARK A. GOLDSMITH

United States District 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 August 16, 2012.

___________________

DEBORAH J. GOLTZ

Case Manager