Cole v. Comm'r of Soc. Sec.

Full title: MADELYN COLE, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

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

Date published: Jul 7, 2016

Case No. 15-cv-13292 (E.D. Mich. Jul. 7, 2016)

Opinion

Case No. 15-cv-13292

07-07-2016

MADELYN COLE, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

HONORABLE STEPHEN J. MURPHY, III

ORDER ADOPTING REPORT AND RECOMMENDATION (document no. 16), DENYING COMMISSIONER'S MOTION FOR SUMMARY JUDGMENT (document no. 15), GRANTING COLE'S MOTION FOR SUMMARY JUDGMENT (document no. 14), AND REMANDING THE CASE

Plaintiff Madelyn Cole filed an application for disability insurance benefits. The Social Security Administration denied her application. She then appealed to this Court under 42 U.S.C. § 405(g). The Court referred the case to a Magistrate Judge and both parties filed motions for summary judgment. On June 14, 2016, the Magistrate Judge issued a Report and Recommendation, advising the Court to deny the Commissioner's motion, grant Cole's motion, and remand the case to the Social Security Administration for additional consideration. ECF No. 16.

On June 17, 2016, the Clerk served a copy of the Report on both parties. Under Civil Rule 72(b), each party had fourteen days from the date of service to file any written objections to the recommended disposition. Neither party has filed any objections. De novo review of the Magistrate Judge's findings is therefore not required. See Fed. R. Civ. P. 72(b)(3). The Court has reviewed the file and the Report, and finds that the Magistrate Judge's analysis is proper. Accordingly, the Court adopts the Report's findings and conclusions and will enter an appropriate judgment.

WHEREFORE, it is hereby ORDERED that the Report and Recommendation (document no. 16) is ADOPTED and the case is REMANDED pursuant to 42 U.S.C. §405(g).

IT IS FURTHER ORDERED that the Commissioner's Motion for Summary Judgment (document no. 15) is DENIED.

IT IS FURTHER ORDERED that Cole's Motion for Summary Judgment (document no. 14) is GRANTED.

SO ORDERED.

s/Stephen J. Murphy, III

Stephen J. Murphy, III

United States District Judge Dated: July 7, 2016 I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on July 7, 2016, by electronic and/or ordinary mail.

s/Carol Cohron

Case Manager