UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

NORTHERN DIVISION 

DEBRA BOONE O’BRIEN, 

 Plaintiff, Case No. 15-cv-12200 

v Honorable Thomas L. Ludington 

 Magistrate Judge Elizabeth A. Stafford 

COMMISSIONER OF SOCIAL SECURITY, 

 

Defendant. 

__________________________________________/ 

ORDER ADOPTING THE REPORT AND RECOMMENDATION, 

GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT, 

DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT, 

AND REMANDING FOR FURTHER PROCEEDINGS 

 Plaintiff Debra Boone O’Brien filed an application for Disability Insurance Benefits on 

May 5, 2012, alleging a disability onset date of October 16, 2002, later amended to June 3, 2007. 

After her claim was initially denied Plaintiff timely requested an administrative hearing, which 

was held on August 20, 2013. On October 24, 2013 the ALJ issued a written decision finding 

that O’Brien was not disabled under the Social Security Act. That decision became final when 

the Appeals Council denied Plaintiff’s request for review. Plaintiff then appealed to this Court 

on June 17, 2015. See Compl., ECF No. 1. 

Plaintiff O’Brien filed a motion for summary judgment on January 26, 2016. ECF No. 

13. Defendant Commissioner then filed a motion for summary judgment on February 9, 2016. 

ECF No.15. On October 28, 2016 Magistrate Judge Elizabeth A. Stafford issued a report and 

recommendation. ECF No. 18. Reviewing the Commissioner’s decision under a “substantial 

evidence” standard, the magistrate judge found that the ALJ’s determination that O’Brien was 

not disabled was not supported by substantial evidence. Id. This determination was based on 

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findings that the ALJ misclassified O’Brien’s age, did not engage in necessary analysis or 

meaningful review, and based his decision upon boilerplate conclusions. The magistrate judge 

therefore recommended that Plaintiff’s motion for summary judgment be granted, Defendant 

Commissioner’s motion for summary judgment be denied, and the matter be remanded to the 

ALJ for proceedings consistent with the report. 

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. 17, is ADOPTED. 

It is further ORDERED that Plaintiff O’Brien’s motion for summary judgment, ECF No. 

13, is GRANTED. 

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

ECF No. 15, is DENIED. 

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

Administration for further proceedings consistent with this Order and the magistrate judge’s 

report and recommendation. 

s/Thomas L. Ludington 

 THOMAS L. LUDINGTON 

 United States District Judge 

Dated: November 17, 2016 

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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 November 17, 2016. 

 s/Michael A. Sian 

 MICHAEL A. SIAN, Case Manager 

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