Opinion
Case No.: 12-cv-13288
07-22-2013
TRACY PEASANT o/b/o D.R., JR., A Minor, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
Honorable Sean F. Cox
United States District Court Judge
Mark A. Randon
United States Magistrate Judge
OPINION AND ORDER
ACCEPTING AND ADOPTING REPORT & RECOMMENDATION
On or around July 26, 2012, Tracy Peasant ("Plaintiff") filed a Complaint, on behalf of her minor son, D.R., Jr., appealing from the denial of her son's application for social security disability benefits. (Docket Entry No. 1.) The parties have filed cross-motions for summary judgment. (Docket Entry Nos. 10, 13.) This Court referred this matter to Magistrate Judge Mark A. Randon for a report and recommendation. (Docket Entry No. 3.)
On June 28, 2013, Magistrate Judge Randon filed his Report and Recommendation ("the R&R"), recommending that the Court (1) DENY the Defendant's Motion for Summary Judgment, (2) GRANT Plaintiff's Motion for Summary Judgment to the extent that the ALJ made no findings with respect to Listing 112.11 for the unadjudicated time period, and (3) REMAND this action, pursuant to sentence four of 42 U.S.C. § 405(g), for a thorough analysis of the aforementioned issue. (Docket Entry No. 14, at 1, 28.)
Pursuant to FED. R. CIV. P. 72(b), a party objecting to the recommended disposition of a matter by a Magistrate Judge must file objections to the R&R within fourteen (14) days after being served with a copy of the R&R.
The time for filing objections to the R&R has expired and the docket reflects that neither party has filed any objections to the R&R.
The Court finds that the issues have been adequately presented in the parties' briefs and that oral argument would not significantly aid the decision making process. See Local Rule 7.1(f)(2), U.S. District Court, Eastern District of Michigan. The Court therefore orders that the motion will be decided on the briefs.
The Court hereby ADOPTS the June 28, 2013, R&R. For the reasons mentioned in the R&R, IT IS ORDERED that Defendant's Motion for Summary Judgment is DENIED;
IT IS FURTHER ORDERED that Plaintiff's Motion for Summary Judgment is GRANTED to the extent that the ALJ made no findings with respect to Listing 112.11 for the unadjudicated time period. Accordingly, this case is REMANDED for a thorough analysis of the aforementioned issue.
IT IS SO ORDERED.
____________________
Sean F. Cox
United States District Judge
I hereby certify that a copy of the foregoing document was served upon counsel of record on July 22, 2013, by electronic and/or ordinary mail.
Jennifer McCoy
Case Manager