Opinion
21-cv-10712
03-07-2024
JUDITH F., Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
OPINION AND ORDER
HONORABLE LINDA V. PARKER, JUDGE
On March 30, 2021, Plaintiff filed this lawsuit challenging a final decision of the Commissioner denying Plaintiff's application for social security benefits. On June 29, 2021, this Court referred the lawsuit to Magistrate Judge Kimberly G. Altman for all pretrial proceedings, including a hearing and determination of all non-dispositive matters pursuant to 28 U.S.C. § 636(b)(1)(A) and/or a report and recommendation (“R&R”) on all dispositive matters pursuant to 28 U.S.C. § 636(b)(1)(B). The parties subsequently filed cross-motions for summary judgment. (ECF Nos. 24, 25.)
On February 13, 2024, Magistrate Judge Altman issued an R&R recommending that this Court grant Plaintiff's motion to the extent she seeks a remand, deny Defendant's motion, and remand the matter for further proceedings. (ECF No. 27.) At the conclusion of the R&R, Magistrate Judge Alman advises the parties that they may object to and seek review of the R&R within fourteen days of service upon them. She further specifically advises the parties that “[f]ailure to file specific objections constitutes a waiver of any further right to appeal.” Neither Plaintiff nor Defendant filed objections to the R&R.
The Court has carefully reviewed the R&R and concurs with the conclusions reached by Magistrate Judge Altman. The Court therefore adopts Magistrate Judge Altman's R&R.
Accordingly, IT IS ORDERED, that Plaintiff's motion for summary judgment (ECF No. 24) is GRANTED IN PART AND DENIED IN PART.
IT IS FURTHER ORDERED that Defendant's motion for summary judgment (ECF No. 25) is DENIED.
IT IS FURTHER ORDERED that the matter is remanded for further proceedings consistent with the R&R.