Mcclellan v. Social Security ( 2023 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION JAMES R. MCCLELLAN JR., Plaintiff, Case No. 1:22-cv-11713 v. Honorable Thomas L. Ludington United States District Judge KOLOLO KIJAKAZI, Acting Commissioner of Social Security, Honorable Patricia T. Morris United States Magistrate Judge Defendant. ________________________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION, DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT, GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT, AND REMANDING CASE TO A NEW ADMINISTRATIVE LAW JUDGE Plaintiff James R. McClellan Jr. brings this case under 42 U.S.C. § 405(g) and § 1383(c)(3) for a review of the Acting Commissioner of Social Security’s denial of his application for Title II benefits for Social Security Disability. ECF No. 16 at PageID.3007. On February 13, 2023, Magistrate Judge Patricia T. Morris issued a Report and Recommendation (R&R) recommending that the undersigned deny Defendant’s Motion for Summary Judgment, grant Plaintiff’s Motion for Summary Judgment, and remand the case under sentence four of § 405(g). ECF No. 20 at PageID.3103. The R&R provided 14 days to object, but neither party filed any objections. They have therefore forfeited their right to appeal Judge Morris’s findings. See Berkshire v. Dahl, 928 F.3d 520, 530–31 (6th Cir. 2019) (citing Thomas v. Arn, 474 U.S. 140, 149 (1985)). Accordingly, it is ORDERED that Judge Morris’s Report and Recommendation, ECF No. 20, is ADOPTED. Further, it is ORDERED that Defendant’s Motion for Summary Judgment, ECF No. 17, is DENIED. Further, it is ORDERED that Plaintiff’s Motion for Summary Judgment, ECF No. 16, is GRANTED. Further, it is ORDERED that this case is REMANDED under sentence four of 42 U.S.C. § 405(g) for new proceedings before a new Administrative Law Judge. This is a final order and closes the above-captioned case. Dated: March 10, 2023 s/Thomas L. Ludington THOMAS L. LUDINGTON United States District Judge