Malone ex rel. H.M. v. Comm'r of Soc. Sec.

Full title: REBECCA MALONE O/B/O H.M., a minor, Plaintiff, v. COMMISSIONER OF SOCIAL…

Court: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

Date published: Jan 5, 2016

Case No. 15-CV-10226 (E.D. Mich. Jan. 5, 2016)

Opinion

Case No. 15-CV-10226

01-05-2016

REBECCA MALONE O/B/O H.M., a minor, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

HON. GEORGE CARAM STEEH

MAG. JUDGE ANTHONY P. PATTI

ORDER ACCEPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION [DOC. 23]

This matter is before the court on the parties' cross-motions for summary judgment as to plaintiff Rebecca Malone's claim for judicial review of defendant Commissioner of Social Security's ("Commissioner") denial of her application for supplemental security income on her minor child H.M.'s behalf. Magistrate Judge Patti issued a report and recommendation recommending that plaintiff's motion for summary judgment be granted, defendant's motion for summary judgment be denied, the Commissioner's non-disability finding be reversed, and this matter be remanded to the Commissioner and the ALJ under Sentence Four of 42 U.S.C. § 405(g).

The court has reviewed the file, record, and magistrate judge's report and recommendation. Objections to that report have not been filed by either party and the time period for doing so has expired. The failure to file objections to a report and recommendation generally constitutes a waiver of the right to appeal the judgment of the district court. Thomas v. Arn, 474 U.S. 140, 155 (1985); Alspaugh v. McConnell , 643 F.3d 162, 166 (6th Cir. 2011). Accordingly,

IT IS HEREBY ORDERED that the court ACCEPTS and ADOPTS the magistrate judge's report and recommendation (Doc. 23).

IT IS FURTHER ORDERED that plaintiff's motion for summary judgment (Doc. 18) is GRANTED and the Commissioner's motion for summary judgment (Doc. 21) is DENIED for the reasons set forth in the report and recommendation.

IT IS FURTHER ORDERED that the Commissioner's non-disability finding is REVERSED.

IT IS FURTHER ORDERED that this matter be remanded to the Commissioner pursuant to sentence four of § 405(g) for further proceedings (1) to consider H.M.'s impairments with respect to the domain of "caring for yourself," and (2) to clarify or further develop the analysis of H.M.'s impairments in the domain of interacting and relating with others. Dated: January 5, 2016

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

January 5, 2016, by electronic and/or ordinary mail.

s/Marcia Beauchemin

Deputy Clerk