McEwen v. Comm'r of Soc. Sec.

Full title: TONDA L. McEWEN, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

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

Date published: Aug 28, 2013

CASE NO. 12-13298 (E.D. Mich. Aug. 28, 2013)

Opinion

CASE NO. 12-13298

08-28-2013

TONDA L. McEWEN, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

MARIANNE O. BATTANI

HON. MARIANNE O. BATTANI

OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION GRANTING

PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT OR REMAND AND

DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

Plaintiff Tonda McEwen brings this action pursuant to 42 U.S.C. § 405(g), challenging the final decision of the Commissioner denying the application for supplemental security income and disability insurance benefits. Plaintiff filed the claim on February 2, 2009, alleging a disability onset date of August 1, 2008. In his Decision, dated November 6, 2010, the Administrative Law Judge ("ALJ") concluded that Plaintiff was not disabled.

After the Appeals Council denied review, McEwen timely filed this action for judicial review of the Commissioner's decision. The case was referred to Magistrate Judge Mona K. Majzoub pursuant to 28 U.S.C. § 636. In a Report and Recommendation ("R&R") dated August 2, 2013, Magistrate Judge Majzoub recommended that Defendant's Motion for Summary Judgment be denied and that Plaintiff's motion be granted. The Magistrate Judge also recommended that the matter be remanded to the Commissioner for further proceedings consistent with the R&R pursuant to sentence four of 42 U.S.C. § 405(g).

In her Report and Recommendation, the Magistrate Judge informed the parties that objections to the R&R needed to be filed "within fourteen (14) days of service" and that a party's failure to file objections would waive any further right of appeal. (Doc. No. 22 at 18). Neither party filed an objection. Moreover, this Court agrees with the thorough analysis contained in the R&R.

Accordingly, the Court ADOPTS the Magistrate Judge's recommendation, DENIES Defendant's Motion for Summary Judgment, GRANTS Plaintiff's Motion for Summary Judgment, and REMANDS this matter pursuant to sentence four for further proceedings and consideration consistent with the Report and Recommendation.

IT IS SO ORDERED.

____________________

HON. MARIANNE O. BATTANI

UNITED STATES DISTRICT JUDGE

CERTIFICATE OF SERVICE

I hereby certify that on the above date a copy of this Order was served upon all counsel

of record via the Court's ECF Filing System.

Bernadette M. Thebolt

Case Manager