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Fenner v. Comm'r of Soc. Sec.

United States District Court, E.D. Michigan, Southern Division
Aug 10, 2022
21-cv-10180 (E.D. Mich. Aug. 10, 2022)

Opinion

21-cv-10180

08-10-2022

MELISSA S. FENNER, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.


Jonathan J.C. Grey United States Magistrate Judge

ORDER (1) ADOPTING MAGISTRATE JUDGE GREY'S JULY 25, 2022 REPORT AND RECOMMENDATION TO REMAND TO THE COMMISSIONER (ECF NO. 17), (2) GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (ECF NO. 13), (3) DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (ECF NO. 15), AND (4) REMANDING FOR FURTHER PROCEEDINGS UNDER SENTENCE FOUR OF 42 U.S.C. § 405(G) LIMITED TO THE AVAILABILITY OR NOT OF WEEKEND INFUSIONS

Paul D. Borman United States District Judge

On July 25, 2022, Magistrate Judge Jonathan J.C. Grey issued a Report and Recommendation to GRANT Plaintiff's Motion for Summary Judgment, DENY Defendant's Motion for Summary Judgment, and REMAND the matter for further administrative proceedings under Sentence Four of 42 U.S.C. § 405(g), consistent with the Report and Recommendation. (ECF No. 17, Report and Recommendation.)

Having reviewed the Report and Recommendation, and there being no timely objections under 28 U.S.C. § 636(b)(1) and E.D. Mich. L.R. 72.1(d), the Court ADOPTS the Report and Recommendation (ECF No. 17), GRANTS Plaintiff's Motion for Summary Judgment requesting that the Court reverse the decision of the Administrative Law Judge under Sentence Four of 42 U.S.C. § 405(g) (ECF No. 13), DENIES Defendant's Motion for Summary Judgment (ECF No. 15), and REMANDS the matter for further proceedings under Sentence Four of 42 U.S.C. § 405(g), limited to the issue of availability or not of weekend infusions.

IT IS SO ORDERED.


Summaries of

Fenner v. Comm'r of Soc. Sec.

United States District Court, E.D. Michigan, Southern Division
Aug 10, 2022
21-cv-10180 (E.D. Mich. Aug. 10, 2022)
Case details for

Fenner v. Comm'r of Soc. Sec.

Case Details

Full title:MELISSA S. FENNER, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY…

Court:United States District Court, E.D. Michigan, Southern Division

Date published: Aug 10, 2022

Citations

21-cv-10180 (E.D. Mich. Aug. 10, 2022)