Smukala v. Comm'r of Soc. Sec.

Full title: STEVEN SMUKALA, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

Court: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

Date published: Mar 11, 2016

Case No. 15-cv-10612 (E.D. Mich. Mar. 11, 2016)

Opinion

Case No. 15-cv-10612

03-11-2016

STEVEN SMUKALA, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

HONORABLE STEPHEN J. MURPHY, III

ORDER ADOPTING REPORT AND RECOMMENDATION (document no. 17), GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (document no. 13), AND DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (document no. 16)

The Social Security Administration denied Plaintiff Steven Smukala's application for a period of disability and disability insurance benefits. After the Social Security Appeals Council denied his request for review, Smukala filed the present case. The Court referred the case to a magistrate judge for a Report and Recommendation. The magistrate judge issued a Report and Recommendation on February 23, 2016, and advised the Court to grant Smukala's Motion for Summary Judgment, deny the Commissioner of Social Security's Motion for Summary Judgment, and remand the case for further proceedings, Report, ECF No. 17.

Under Civil Rule 72(b), each party had fourteen days from the date of service to file any written objections to the recommended disposition. Thus, each party had until March 8, 2016, to file an objection. Neither party lodged an objection in the prescribed time. De novo review of the magistrate judge's findings is therefore not required. See Fed.R.Civ.P. 72(b)(3). The Court has reviewed the file and the Report, and finds that the magistrate judge's analysis is proper. Accordingly, the Court adopts the Report's findings and conclusions and will enter an appropriate judgment.

ORDER

WHEREFORE, it is hereby ORDERED that the Magistrate Judge's Report and Recommendation (document no. 17) is ADOPTED.

IT IS FURTHER ORDERED that the Plaintiff's Motion for Summary Judgment (document no. 13) is GRANTED.

IT IS FURTHER ORDERED that the Defendant's Motion for Summary Judgment (document no. 16) is DENIED.

IT IS FURTHER ORDERED that the case be remanded to the Commissioner of Social Security for further proceedings.

SO ORDERED.

s/Stephen J. Murphy, III

STEPHEN J. MURPHY, III

United States District Judge Dated: March 11, 2016 I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on March 11, 2016, by electronic and/or ordinary mail.

s/Carol Cohron

Case Manager