UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

PAMELA THERESA HILL, 

Plaintiff,

Case No. 14-12634

v.

HONORABLE AVERN COHN

COMMISSIONER OF SOCIAL SECURITY,

Defendant.

____________________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION (Doc. 17)

AND

GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AS TO A REMAND

(Doc. 13)

AND

DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT (Doc. 14)

AND

REMANDING MATTER FOR FURTHER ADMINISTRATIVE PROCEEDINGS

I.

This is a Social Security case. Plaintiff Pamela Theresa Hill appeals from the

final determination of the Commissioner of Social Security (Commissioner) that she is

not disabled and therefore not entitled to disability insurance benefits or supplemental

security income. The matter was referred to a magistrate judge for all pretrial

proceedings. Plaintiff and the Commissioner filed cross motions for summary judgment. 

On June 15, 2015, the magistrate judge issued a report and recommendation

(MJRR), recommending that plaintiff’s motion be granted to the extent that the case is

remanded for further administrative proceedings and that the Commissioner’s motion be

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denied. Specifically, the magistrate judge recommends that the matter be remanded for

further administrative proceedings under sentence four1 because of insufficient support

for the ALJ’s findings and for the resolution of certain factual issues. 

II.

Neither party has filed objections to the MJRR and the time for filing objections

has passed. The failure to file objections to the report and recommendation waives any

further right to appeal. Smith v. Detroit Federation of Teachers Local 231, 829 F.2d

1370, 1373 (6th Cir.1987). Likewise, the failure to object to the magistrate judge's

report releases the Court from its duty to independently review the motions. Thomas v.

Arn, 474 U.S. 140, 149 (1985). 

However, the Court has reviewed the MJRR and agrees with the magistrate

judge. Accordingly, the findings and conclusions of the magistrate judge are ADOPTED

as the findings and conclusions of the Court. Plaintiff’s motion for summary judgment is

GRANTED IN PART AND DENIED IN PART. The Commissioner’s motion for summary

judgment is DENIED.

1

 “A district court's authority to remand a case for further administrative

proceedings is found in 42 U.S.C. § 405(g).” Hollon v. Commissioner, 447 F.3d 477,

482-83 (6th Cir. 2006). The statute permits only two types of remand: a sentence four

(post-judgment) remand made in connection with a judgment affirming, modifying, or

reversing the Commissioner's decision; and a sentence six (pre-judgment) remand

where the court makes no substantive ruling as to the correctness of the

Commissioner's decision. Hollon, 447 F.3d at 486 (citing Melkonyan v. Sullivan, 501

U.S. 89, 99-100, 111 S.Ct. 2157, 115 L.Ed.2d 78 (1991)). 

2

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This matter is REMANDED for further administrative proceedings consistent with

the MJRR. 

SO ORDERED.

S/Avern Cohn 

AVERN COHN

Dated: July 15, 2015 UNITED STATES DISTRICT JUDGE

 Detroit, Michigan

3

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