Naillieux v. SSA
MEMORANDUM OPINION & ORDER: Acting Commissioner's Motion for Summary Judgment (DE 16 ) is GRANTED. Signed by Judge Joseph M. Hood on 1/31/2017. (TDA) cc: COR
Case: 7:16-cv-00193-JMH Doc #: 17 Filed: 01/31/17 Page: 1 of 3 - Page ID#: 529
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
SOUTHERN DIVISION at PIKEVILLE
NANCY A. BERRYHILL, ACTING
COMMISSIONER OF SOCIAL
Civil Case No.
MEMORANDUM OPINION & ORDER
Commissioner’s Motion for Summary Judgment [DE 16].
provided by the Court.
For the reasons stated below, the Acting
Commissioner’s Motion for Summary Judgment will be granted.
As an initial matter, the Court accepts and adopts the
procedural history and statement of the facts set forth by the
Plaintiff and because they reflect the materials contained in
the administrative transcript of this matter.
[See DE 16 at 1-
5.] Next, the Court agrees with the Acting Commissioner that the
The caption of this matter is amended to reflect that Nancy A. Berryhill
became the Acting Commissioner of Social Security on January 23, 2017,
replacing Carolyn W. Colvin in that role.
Case: 7:16-cv-00193-JMH Doc #: 17 Filed: 01/31/17 Page: 2 of 3 - Page ID#: 530
regulations because they are irrelevant to the situation at bar
memorandum of law and as announced by this Court in Perkins v.
Colvin, 7:16-cv-35-JMH [DE 55 at 8]. Further, there is no merit
to Plaintiff’s claim that her due process rights were violated
explained in its Memorandum Opinion and Order dated December 16,
2016 matter of Perkins v. Colvin, 7:16-cv-35-JMH [DE 55 at 7-8],
and incorporates and adopts that reasoning in this matter.
Finally, the Court’s review of the Acting Commissioner’s
decision concerning disability upon reconsideration is limited
to an inquiry into whether or not the findings of the Acting
Commissioner are supported by substantial evidence, and whether
405(g); Richardson v. Perales, 402 U.S. 389, 390, 401 (1971).
points that [the claimant] appears to raise in [his] brief on
appeal.” Hollon v. Comm’r of Soc. Sec., 447 F.3d 477, 491 (6th
Cir. 2006). In the absence of a brief on appeal from Plaintiff
with respect to the decision of the Acting Commissioner, the
Court sees no reason to make further inquiry into the Acting
Nevertheless, the Court pursuant to
the statutory mandate has reviewed the entire record.
Case: 7:16-cv-00193-JMH Doc #: 17 Filed: 01/31/17 Page: 3 of 3 - Page ID#: 531
exists in the economy.
Thus, the Court will affirm the decision
of the Acting Commissioner with respect to the decision to deny
benefits upon redetermination.
Accordingly, IT IS ORDERED that the Acting Commissioner’s
Motion for Summary Judgment [DE 16] is GRANTED.
This the 31st day of January, 2017.
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