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Melinn v. Comm'r of Soc. Sec.

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION
Feb 11, 2020
File no: 1:19-CV-416 (W.D. Mich. Feb. 11, 2020)

Opinion

File no: 1:19-CV-416

02-11-2020

MARIA LYNN MELINN, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.


ORDER APPROVING MAGISTRATE'S REPORT AND RECOMMENDATION

The Court has reviewed the Report and Recommendation filed by the United States Magistrate Judge in this action. The Report and Recommendation was duly served on the parties. No objections have been filed under 28 U.S.C. § 636(b)(1)(C).

NOW THEREFORE, the Report and Recommendation (ECF No.16) is hereby adopted as the opinion of the Court.

THEREFORE, IT IS ORDERED that:

Defendant Commissioner's Motion for Remand and Entry of Judgment under sentence Four, 42 U.S.C. § 405(g) is GRANTED subject to the following conditions:

1. Plaintiff's benefits shall be reinstated immediately back to the date they were terminated;
2. The remand is limited to whether Plaintiff continues to be disabled under sections 223(f) and 1614(a)(3)(A) of the Social Security Act, if a continuing disability review is properly initiated in accordance with regulations; and
3. The finding that Plaintiff did not engage in fraud or similar fault shall not be disturbed.
Date: February 11, 2020

/s/ Robert J. Jonker

ROBERT J. JONKER

CHIEF UNITED STATES DISTRICT JUDGE


Summaries of

Melinn v. Comm'r of Soc. Sec.

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION
Feb 11, 2020
File no: 1:19-CV-416 (W.D. Mich. Feb. 11, 2020)
Case details for

Melinn v. Comm'r of Soc. Sec.

Case Details

Full title:MARIA LYNN MELINN, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY,…

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

Date published: Feb 11, 2020

Citations

File no: 1:19-CV-416 (W.D. Mich. Feb. 11, 2020)