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15-1426 - Carter-Rippy v. Social Security Administration

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15-1426 - Carter-Rippy v. Social Security Administration
October 11, 2017
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REPORT AND RECOMMENDATION re 17 First MOTION for Judgment on the Record filed by Karden Carter-Rippy. For the above stated reasons, the undersigned magistrate judge respectfully recommends that Plaintiff's motion for judgment on the administrative record (DE 17) be GRANTED, and that the Commissioner's decision be REVERSED and REMANDED for further proceedings consistent with this Report and Recommendation. ANY OBJECTIONS to this Report and Recommendation must be filed with the Clerk of Court within fourteen (14) days of service of this Report and Recommendation and must state with particularity the specific portions of this Report and Recommendation to which objection is made. Failure to file written objections within the specified time can be deemed a waiver of the right to appeal the District Court's Order regarding the Report and Recommendation. See Thomas v. Arn, 474 U.S. 140, 106 S. Ct. 466, 88 L. Ed. 2d 435 (1985); United States v. Walters, 638 F.2d 947 (6th Cir. 1981). Signed by Magistrate Judge Barbara D. Holmes on 10/11/17. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
January 16, 2018
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MEMORANDUM OPINION OF THE COURT & ORDER ADOPTING re 23 REPORT AND RECOMMENDATIONS: Finding the defendant's Objections to have merit, the court MODIFIES the magistrate judge's R&R (Doc. No. 23) by rejecting part IV.C.4 thereof and substituting the analysis set forth in this Memorandum. The remainder of the R&R, to which no objections were lodged, is ACCEPTED AND ADOPTED. The plaintiff's Motion for Judgment on the Administrative Record (Doc. No. 17) is DENIED. The SSA's T TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)denial of benefits is AFFIRMED, and this matter is DISMISSED WITH PREJUDICE. This is the final Order in this case, for purposes of Fed. R. Civ. P. 58. It is so ORDERED. Signed by District Judge Aleta A. Trauger on 1/16/18. (DOCKE