From Casetext: Smarter Legal Research

Klink v. Comm'r of Soc. Sec.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION
Mar 7, 2014
Case No. 12-15172 (E.D. Mich. Mar. 7, 2014)

Summary

adopting report and recommendation

Summary of this case from Moran v. Comm'r of Soc. Sec.

Opinion

Case No. 12-15172

03-07-2014

ANN KLINK, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.


SENIOR UNITED STATES DISTRICT JUDGE

ARTHUR J. TARNOW


MAGISTRATE JUDGE LAURIE J. MICHELSON


ORDER ADOPTING REPORT AND RECOMMENDATION [13] AND

DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT [12]

AND GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

[8] AND REMANDING FOR FURTHER PROCEEDINGS

On February 18, 2014, Magistrate Judge Michaelson issued a Report and Recommendation [13] that Defendant Commissioner of Social Security's Motion for Summary Judgment [12] be DENIED and Plaintiff Brian Mitchell's Motion for Summary Judgment [8] be GRANTED in part and DENIED in part. Neither party has filed any objection to the Report and Recommendation.

The Court having reviewed the record, the Report and Recommendation [13] of the Magistrate Judge is hereby ADOPTED and is entered as the findings and conclusions of the Court.

IT IS ORDERED that Defendant's Defendant Commissioner of Social Security's Motion for Summary Judgment [12] be DENIED and Plaintiff Ann Klink's Motion for Summary Judgment [8] be GRANTED in Part and DENIED in Part.

IT IS FURTHER ORDERED that this matter is REMANDED for further proceedings in accordance with the Report and Recommendation [13].

SO ORDERED.

__________

ARTHUR J. TARNOW

SENIOR U.S. DISTRICT JUDGE


Summaries of

Klink v. Comm'r of Soc. Sec.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION
Mar 7, 2014
Case No. 12-15172 (E.D. Mich. Mar. 7, 2014)

adopting report and recommendation

Summary of this case from Moran v. Comm'r of Soc. Sec.

adopting report and recommendation

Summary of this case from Moran v. Colvin

remanding where a lay review of the record "suggests it is at least plausible that Plaintiff's impairments could medically equal" a Listing.

Summary of this case from McKeel v. Comm'r of Soc. Sec.
Case details for

Klink v. Comm'r of Soc. Sec.

Case Details

Full title:ANN KLINK, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

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

Date published: Mar 7, 2014

Citations

Case No. 12-15172 (E.D. Mich. Mar. 7, 2014)

Citing Cases

Salem v. Carolyn W. Colvin Comm'r of Soc. Sec.

Case law in this circuit has held that a psychologist is not qualified to evaluate a claimant's physical…

Moran v. Comm'r of Soc. Sec.

Courts generally remand only if the Record contains no equivalence opinion whatsoever. See, e.g., Reynolds,…