Summary
applying treating physician rule to opinion that claimant would require unscheduled breaks and miss four or more workdays a month
Summary of this case from Dunavan v. BerryhillOpinion
Case No. 12-12784
06-10-2013
RENAE MARIE SABOURIN, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
Paul D. Borman
United States District Judge
Mark A. Randon
United States Magistrate Judge
ORDER (1) ADOPTING THE MAGISTRATE JUDGE'S
REPORT AND RECOMMENDATION,
(2) GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (ECF NO. 9),
(3) DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (ECF NO. 13),
and (4) REMANDING TO THE COMMISSIONER FOR FURTHER PROCEEDINGS
On April 10, 2013, Magistrate Judge Mark Randon issued a Report and Recommendation to grant Plaintiff's motion for summary judgment (ECF No. 9), deny Defendant's motion (ECF No. 13) and remand this matter to the Commissioner for further proceedings. (ECF No. 15, Report and Recommendation.)
Having reviewed the Report and Recommendation, and there being no timely objections from either party under 28 U.S.C. § 636(b)(1) and E.D. Mich L.R. 72.1(d), the Court ADOPTS the Report and Recommendation, GRANTS Plaintiff's motion for summary judgment, DENIES Defendant's motion for summary judgment and REMANDS this matter pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings consistent with the Magistrate Judge's Report and Recommendation. IT IS SO ORDERED.
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PAUL D. BORMAN
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first class U.S. mail on June 10, 2013.
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Deborah R. Tofil