Opinion
Case No. 14-13607
03-07-2016
Robert Crosson Plaintiff, v. Commissioner of Social Security, Defendant.
ORDER ADOPTING 2/16/16 REPORT AND RECOMMENDATION
Plaintiff filed this action under 42 U.S.C. § 405(g), challenging a final decision of the Commissioner of Social Security denying his application for disabled child's insurance benefits under the Social Security Act. The matter was referred to Magistrate Judge Elizabeth Stafford for determination of all non-dispositive motions pursuant to 28 U.S.C. § 636(b)(1) and Report and Recommendation pursuant to § 636(b)(1)(B) and (C). Thereafter, the parties filed motions for summary judgment.
On February 16, 2016, Magistrate Judge Stafford issued a Report and Recommendation ("R&R") (Docket Entry No. 17) wherein she recommends that: 1) the Commissioner's motion be DENIED; 2) Plaintiff's motion be GRANTED; and 3) the Commissioner's decision be REVERSED and REMANDED for an award of benefits pursuant to sentence four of 42 U.S.C. § 405(g).
Pursuant to FED. R. CIV. P. 72(b), a party objecting to the recommended disposition of a matter by a Magistrate Judge must filed objections to the R&R within fourteen (14) days after being served with a copy of the R&R. "The district judge to whom the case is assigned shall make a de novo determination upon the record, or after additional evidence, of any portion of the magistrate judge's disposition to which specific written objection has been made." Id.
The time for filing objections to the R&R has expired and the docket reflects that neither party has filed objections to the R&R. The Court hereby ADOPTS the February 16, 2016 R&R.
IT IS FURTHER ORDERED that: 1) the Commissioner's motion is DENIED; 2) Plaintiff's motion is GRANTED; and 3) the Commissioner's decision is REVERSED and REMANDED for an award of benefits pursuant to sentence four of 42 U.S.C. § 405(g).
IT IS SO ORDERED.
S/Sean F. Cox
Sean F. Cox
United States District Judge Dated: March 7, 2016 I hereby certify that a copy of the foregoing document was served upon counsel of record on March 7, 2016, by electronic and/or ordinary mail.
S/Jennifer McCoy
Case Manager