UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

NORTHERN DIVISION 

DYNISHA SMITH, 

 Plaintiff, Case No. 14-cv-14614 

v Honorable Thomas L. Ludington 

 Magistrate Judge Mona K. Majzoub 

CAROLYN W. COLVIN, acting 

Commissioner of social security, 

 

Defendant. 

__________________________________________/ 

ORDER ADOPTING THE REPORT AND RECOMMENDATION, GRANTING IN 

PART PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT, DENYING 

DEFENDANT’S MOTION FOR SUMMARY JUDGMENT, AND REMANDING 

PURSUANT TO SENTENCE FOUR 

 Plaintiff Dynisha Smith filed applications for supplemental security income on April 17, 

2013 alleging disability. After her claim was initially denied, Smith timely requested an 

administrative hearing, which was held on August 22, 2014. On September 5, 2014 the ALJ 

issued a written decision finding Smith not disabled. Smith then appealed to this Court on 

December 6, 2014, alleging that the Commissioner’s determination was not based on substantial 

evidence in the record. ECF No. 1. 

Plaintiff Smith filed a motion for summary judgment on April 26, 2015, alleging that the 

Commissioner did not properly assess the opinions of her treating physician, Doctor Jamie Hall, 

M.D., and her treating psychiatrist, Dr. Theadia Carey, M.D. ECF No. 13. Defendant 

Commissioner then filed a motion for summary judgment on June 1, 2015. ECF No. 14. On 

January 12, 2016, Magistrate Judge Mona K. Majzoub issued a report and recommendation. ECF 

No. 15. Reviewing the Commissioner’s decision under a “substantial evidence” standard, the 

magistrate judge determined that the ALJ did not provide good reason for discounting the 

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opinion of Smith’s treating physician, Dr. Hall. Id. Specifically, the magistrate judge found that 

the ALJ did not offer any explanation or identify any evidence to support her conclusion that Dr. 

Hall’s opinion was inconsistent with the hearing testimony and the medical record. Id. The 

magistrate judge therefore recommended that Smith’s motion for summary judgment be granted 

in part, Defendant Commissioner’s motion for summary judgment be denied, and the matter be 

remanded for a proper assessment of Dr. Hall’s opinion under sentence-four of 42 U.S.C. § 

405(g). 

Although the magistrate judge’s report explicitly stated that the parties to this action 

could object to and seek review of the recommendation within fourteen days of service of the 

report, neither Plaintiff nor Defendant filed any objections. The election not to file objections to 

the magistrate judge’s report releases the Court from its duty to independently review the record. 

Thomas v. Arn, 474 U.S. 140, 149 (1985). The failure to file objections to the report and 

recommendation waives any further right to appeal. 

Accordingly, it is ORDERED that the magistrate judge’s report and recommendation, 

ECF No. 15, is ADOPTED. 

It is further ORDERED that Plaintiff Dynisha Smith’s motion for summary judgment, 

ECF No. 13, is GRANTED IN PART. 

It is further ORDERED that Defendant Commissioner’s motion for summary judgment, 

ECF No. 14, is DENIED. 

It is further ORDERED that this matter is REMANDED to the Social Security 

Administration pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings 

consistent with this Memorandum and Order. 

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s/Thomas L. Ludington 

 THOMAS L. LUDINGTON 

 United States District Judge 

Dated: February 3, 2016 

 

PROOF OF SERVICE 

The undersigned certifies that a copy of the foregoing order was served 

upon each attorney or party of record herein by electronic means or first 

class U.S. mail on February 3, 2016. 

 s/Michael A. Sian 

 MICHAEL A. SIAN, Case Manager 

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