Summary
finding 1,000 jobs in Michigan to be a significant number where the vocational expert "hinted that there were other jobs" available to the plaintiff
Summary of this case from Smathers v. Comm'r of Soc. Sec.Opinion
Case No. 13-11135
03-26-2014
SHERI RISER, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
Hon. Gerald E. Rosen
Magistrate Judge Laurie J. Michelson
ORDER ADOPTING
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
At a session of said Court, held in the U.S. Courthouse, Detroit, Michigan on March 26, 2014
PRESENT: Honorable Gerald E. Rosen
Chief Judge, United States District Court
On January 31, 2014, Magistrate Judge Laurie J. Michelson issued a Report and Recommendation ("R & R") recommending that the Court grant in part Plaintiff Sheri Riser's motion for summary judgment, deny the Defendant Commissioner of Social Security's motion for summary judgment, and remand this matter to the Defendant Commissioner under sentence four of 42 U.S.C. § 405(g) for further proceedings. No objections have been filed to the R & R. Upon reviewing the R & R, the parties' underlying cross-motions for summary judgment, and the record as a whole, the Court concurs in the analysis of the Magistrate Judge, and adopts the R & R in its entirety.
Accordingly,
NOW, THEREFORE, IT IS HEREBY ORDERED that the Magistrate Judge's January 31, 2014 Report and Recommendation (docket #17) is ADOPTED as the opinion of this Court. IT IS FURTHER ORDERED, for the reasons stated in the R & R, that Plaintiff's September 5, 2013 motion for summary judgment (docket #12) is GRANTED IN PART, and that Defendant's October 23, 2013 motion for summary judgment (docket #14) is DENIED. In accordance with these rulings, this case will be remanded to the Defendant Commissioner under sentence four of 42 U.S.C. § 405(g) for further proceedings consistent with the Magistrate Judge's R & R.
Gerald E. Rosen
Chief Judge, United States District Court
I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on March 26, 2014, by electronic and/or ordinary mail.
Julie Owens
Case Manager, (313) 234-5135