United States District Court, W.D. Michigan, Southern Division
KENNETH SMITH, o.b.o. S.K.W., Plaintiff,
COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER APPROVING AND ADOPTING REPORT AND
J. JONKER CHIEF UNITED STATES DISTRICT JUDGE
Court has reviewed Magistrate Judge Carmody's Report and
Recommendation in this matter (ECF No. 12) and the
Commissioner's Objection to it. (ECF No. 13). Under the
Federal Rules of Civil Procedure, where, as here, a party has
objected to portions of a Report and Recommendation,
“[t]he district judge . . . as a duty to reject the
magistrate judge's recommendation unless, on de novo
reconsideration, he or she finds it justified.” 12
Wright, Miller & Marcus, Federal Practice and Procedure
§ 3070.2, at 451 (3d ed. 2014). Specifically, the Rules
The district judge must determine de novo any part of the
magistrate judge's disposition that has been properly
objected to. The district judge may accept, reject, or modify
the recommended disposition; receive further evidence; or
return the matter to the magistrate judge with instructions.
Fed R. Civ. P. 72(b)(3). De novo review in these
circumstances requires at least a review of the evidence
before the Magistrate Judge. Hill v. Duriron Co.,
656 F.2d 1208, 1215 (6th Cir. 1981).
Magistrate Judge recommends vacating the Commissioner's
decision and remanding the matter because the ALJ's
decision that S.K.W. experienced less than marked limitations
with respect to the domains of acquiring and using
information, and attending and completing tasks, is not
supported by substantial evidence. The Commissioner objects
to the Magistrate Judge's recommendation with respect to
both domains, and insists that the ALJ's decision as to
these domains is supported by substantial evidence. After its
review, the Court finds that Magistrate Judge Carmody's
Report and Recommendation is factually sound and legally
correct and accordingly adopts its conclusion.
Acquiring and Using Information
Magistrate Judge described, the domain of acquiring and using
information refers to how well a child acquires or learns
information. Examples of limitation in this domain include:
(i) You do not demonstrate understanding of words about
space, size, or time; e.g., in/under, big/little,
(ii) You cannot rhyme words or the sounds in words.
(iii) You have difficulty recalling important things you
learned in school yesterday.
(iv) You have difficulty solving mathematics questions or
computing arithmetic answers.
(v) You talk only in short, simple sentences and have
difficulty explaining what you mean.
20 C.F.R. § 416.926(a)(g)(2)(iv). The ALJ found S.K.W.
experienced less than marked ...