Opinion
22-cv-11736
09-07-2023
TONY F.P., Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION [#18], GRANTING IN PART PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT [#13], DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT [#15] AND REMANDING ACTION PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(G)
GERSHWIN A. DRAIN UNITED STATES DISTRICT JUDGE
This matter is before the court on Executive Magistrate Judge David R. Grand's Report and Recommendation dated May 18, 2023, recommending that the Plaintiff's Motion for Summary Judgment be granted in part, and the Defendant's Motion for Summary Judgment be denied.
Neither party has filed objections to the Magistrate Judge's Report and Recommendation, and the time for filing objections has expired. See 28 U.S.C. § 636(b)(1)(C). Upon review of the parties' briefing and the Magistrate Judge's Report and Recommendation, the Court concludes that the Magistrate Judge reached the correct conclusion. Therefore, the Court hereby ACCEPTS and ADOPTS Magistrate Judge Grand's May 18, 2023 Report and Recommendation [#18] as this Court's findings of fact and conclusions of law. Plaintiff's Motion for Summary Judgment [#13] is GRANTED IN PART. Defendants' Motion for Summary Judgment [#15] is DENIED. This cause of action is remanded pursuant to sentence four of 42 U.S.C. 405(g) for further proceedings consistent with Magistrate Judge Grand's May 18, 2023 Report and Recommendation.
SO ORDERED.