Summary
finding no deficience because ALJ adopted the source's opinion regarding "plaintiff's diagnosis"
Summary of this case from Hill v. ColvinOpinion
Case No. 12-13415
2013-09-23
STEPHANIE R. ZAFT, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
Paul D. Borman
United States District Judge
Michael Hluchaniuk
United States Magistrate Judge
ORDER (1) ADOPTING THE MAGISTRATE JUDGE'S
REPORT AND RECOMMENDATION,
(2) GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (DKT. NO. 17),
(3) DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (DKT. NO. 23),
and (4) REMANDING TO THE COMMISSIONER FOR FURTHER PROCEEDINGS
On August 19, 2013, Magistrate Judge Michael Hluchaniuk issued a Report and Recommendation to grant Plaintiff's motion for summary judgment (Dkt. No. 17), deny Defendant's motion for summary judgment (Dkt. No. 23) and remand this matter to the Commissioner for further proceedings. (Dkt. No. 25, 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.
____________
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 September 23, 2013.
Deborah Tofil
Case Manager