Opinion
Case Number 10-13697
11-22-2011
DIANCE M. SCHLICKER, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
Honorable Thomas L. Ludington
ORDER ADOPTING REPORT AND RECOMMENDATION, GRANTING PLAINTIFF'S
MOTION FOR REMAND, DENYING DEFENDANT'S MOTION FOR SUMMARY
JUDGMENT, AND REMANDING THE DECISION OF THE COMMISSIONER
United States Magistrate Judge Laurie J. Michelson issued a report and recommendation (ECF No. 20) on November 4, 2011, recommending that the Court grant Plaintiff's motion for remand (ECF No. 11), deny Defendant's motion for summary judgment (ECF No. 19), and that, pursuant to sentence four of 42 U.S.C. § 405(g), the decision of the Commissioner be remanded. Either party may serve and file written objections "[w]ithin fourteen days after being served with a copy" of the report and recommendations. 28 U.S.C. § 636(b)(1). The district court will make a "de novo determination of those portions of the report . . . to which objection is made." Id. Where, as here, neither party objects to the report, the district court is not obligated to independently review the record. Thomas v. Arn, 474 U.S. 140, 149-52 (1985).
Accordingly, it is ORDERED that Judge Michelson's report and recommendation (ECF No. 20) is ADOPTED.
It is further ORDERED that Plaintiff's motion for remand (ECF No. 11) is GRANTED.
It is further ORDERED that the Defendant's motion for summary judgment (ECF No. 19) is DENIED.
It is further ORDERED that the decision of the Commissioner is REMANDED for further consideration of Plaintiff's application for Disability Insurance Benefits in accordance with the guidance provided by Judge Michelson's report and recommendation (ECF No. 20).
THOMAS L. LUDINGTON
United States District Judge
PROOF OF SERVICE I
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 November 22, 2011.
TRACY A. JACOBS