Opinion
CASE NO. 16-CV-11650
09-12-2017
RONALD R. GUTZEIT, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER ACCEPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION (DOC. 23), GRANTING IN PART PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (Doc. 17) TO THE EXTENT HE SEEKS REMAND AND DENIED IN PART TO THE EXTENT HE SEEKS AN AWARD OF BENEFITS, and DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (DOC. 22)
Plaintiff Ronald Gutzeit brought this action challenging defendant Commissioner of Social Security's denial of his claim for social security disability benefits. Before the court are the parties' cross-motions for summary judgment, which were referred to the magistrate judge for a report and recommendation. On August 21, 2017, Magistrate Judge Stepanie Dawkins Davis issued her report, recommending that defendant's motion be denied, and plaintiff's motion be granted in part to the extent he seeks remand, and denied in part to the extent he seeks an award of benefits.
The magistrate judge specifically stated that any objections to her report were to be filed within 14 days of service, and that failure to file such objections constituted a waiver of any further right to appeal. See Thomas v. Arn, 474 U.S. 140, 155 (1985). No such objections were filed by either party and the time period for doing so has expired.
The court has reviewed the record and briefing in this matter, as well as the magistrate judge's report and recommendation, and adopts the result recommended therein. Accordingly, plaintiff's motion for summary judgment (Doc. 17) is GRANTED IN PART to the extent he seeks remand and is DENIED IN PART to the extent he seeks an award of benefits, and defendant's motion for summary judgment (Doc. 22) is DENIED.
IT IS FURTHER ORDERED that this matter is REMANDED for further proceedings consistent with the Report and Recommendation.
IT IS SO ORDERED. Dated: September 12, 2017
s/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
September 12, 2017, by electronic and/or ordinary mail.