Opinion
Case No. 12-cv-15164
01-22-2014
HON. GERSHWIN A. DRAIN
ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION [#18],
GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT [#12], DENYING
DEFENDANT'S MOTION FOR SUMMARY JUDGMENT [#16], AND REMANDING
THE CASE FOR FURTHER CONSIDERATION
On November 21, 2012, Plaintiff filed a Complaint in this Court for review of the Defendant Commissioner's final decision finding that Plaintiff was not disabled. On December 10, 2013, Magistrate Judge David R. Grand issued a Report and Recommendation ("R&R") recommending that the Court GRANT Plaintiff's Motion for Summary Judgment [#12], and DENY Defendant's Motion for Summary Judgment [#16]. The R&R also recommended that the Court REMAND the Commissioner's decision pursuant to sentence four 42 U.S.C. § 405(g) for further consideration.
The Court has reviewed the R&R, and in the absence of any timely objection, the Court hereby adopts Magistrate Judge Grand's December 10, 2013 R&R [#18] in its entirety. Plaintiff's Motion for Summary Judgment [#12] is GRANTED. Defendant's Motion for Summary Judgment [#16] is DENIED. Plaintiff's claim is hereby REMANDED FOR FURTHER CONSIDERATION.
SO ORDERED.
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GERSHWIN A. DRAIN
UNITED STATES DISTRICT JUDGE