Barela v. Commissioner of Social Security ( 2022 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION FRANK L. BARELA, JR., Plaintiff, Case No. 1:20-cv-12319 v. Honorable Thomas L. Ludington United States District Judge COMMISSIONER OF SOCIAL SECURITY, Defendant. _______________________________________/ OPINION AND ORDER (1) ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION, (2) DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT, (3) GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT, AND (4) REMANDING COMMISSIONER’S DECISION This matter is before this Court upon Magistrate Judge Curtis Ivy, Jr.’s Report recommending that Defendant’s Motion for Summary Judgement be denied and that Plaintiff’s Motion for Summary Judgment be granted. ECF No. 19. Although the Report states that the parties could object to and seek review of the recommendations within 14 days of service, neither Plaintiff nor Defendant filed any objections. They have therefore waived their right to appeal Judge Ivy’s findings. See Thomas v. Arn, 474 U.S. 140, 149 (1985); see also Howard v. Sec’y of Health & Hum. Servs., 932 F.2d 505 (6th Cir. 1991) (holding that claimants waive the right to appeal by filing a general objection to the report). Accordingly, it is ORDERED that Magistrate Judge Ivy’s Report and Recommendation, ECF No. 19, is ADOPTED. Further, it is ORDERED that Defendant’s Motion for Summary Judgment, ECF No. 16, is DENIED. Further, it is ORDERED that Plaintiff’s Motion for Summary Judgment, ECF No. 13, is GRANTED to the extent it seeks remand of the Commissioner’s decision. Further, it is ORDERED that the Commissioner’s decision to deny supplemental security income is REMANDED. Dated: February 28, 2022 s/Thomas L. Ludington THOMAS L. LUDINGTON United States District Judge