Summary
finding that the failure to explain the weight assigned to a physician assistant's opinion in accordance with Social Security Ruling 06-03p was reversible error
Summary of this case from Wilson v. ColvinOpinion
Civil Action No. 12-CV-15256
12-05-2013
JAMES HENRY BARNES, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
HON. BERNARD A. FRIEDMAN
ORDER ACCEPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION,
GRANTING IN PART PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT, and
DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
This matter is presently before the Court on cross motions for summary judgment. Magistrate Judge Laurie J. Michelson has submitted a Report and Recommendation ("R&R") in which she recommends that plaintiff's motion be granted in part and that defendant's motion be denied. Neither party has objected to the R&R and the time for doing so has expired. The Court has reviewed the motion papers and the R&R and agrees with the magistrate judge's analysis. Accordingly,
IT IS ORDERED that Magistrate Judge Michelson's R&R is hereby accepted and adopted as the findings and conclusions of the Court.
IT IS FURTHER ORDERED that plaintiff's motion is granted in part and this matter is remanded for further proceeding for the reasons and purposes articulated in the magistrate judge's R&R, namely, to properly address the medical equivalence issue and to properly evaluate the opinion of the physician assistant. This is a "sentence four" remand pursuant to 42 U.S.C. § 405(g).
IT IS FURTHER ORDERED that defendant's motion for summary judgment is denied.
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BERNARD A. FRIEDMAN
SENIOR UNITED STATES DISTRICT JUDGE
Dated: December 5, 2013
Detroit, Michigan