Rieber v. Commissioner of Social Security

Filing 22

ORDER AND JUDGMENT signed by Judge Charles R. Simpson, III on 7/1/2011. In accordance with the 21 Memorandum Opinion, 18 Report and Recommendation of the Magistrate Judge is ACCEPTED AND ADOPTED with the exception of that portion of the Report w hich concludes, that Rieber was ineligible to have her employment in 2008 and 2009 considered a trial work period. The final decision of the Commissioner is AFFIRMED, and the Complaint is DISMISSED WITH PREJUDICE. This is a final Order. cc: Counsel (RLK)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT LOUISVILLE

LACEY D. RIEBER

PLAINTIFF

v.

CIVIL ACTION NO. 3:10CV-431-S

MICHAEL J. ASTRUE

DEFENDANT

ORDER AND JUDGMENT

This matter is before the court for consideration of the Report and Recommendation of the
United States Magistrate Judge that the decision of the Administrative Law Judge (“ALJ”) be
affirmed. The plaintiff, Lacey D. Rieber, objects to the magistrate judge’s report. The court has
conducted a de novo review of the magistrate judge’s report in light of the objections thereto and
the record as a whole.
The ALJ recommended that the Commissioner deny the plaintiff’s application for disability
insurance and SSI benefits, finding that Rieber’s disability ended on April 1, 2008, when she had
medical improvement related to her ability to work and was found to have the residual functional
capacity to perform sedentary work.
In accordance with the memorandum opinion entered herein this date, IT IS HEREBY
ORDERED AND ADJUDGED that the Report and Recommendation of the United States
Magistrate Judge (DN 18) is ACCEPTED AND ADOPTED with the exception of that portion of
the report which concludes, based upon Mullis v. Bowen, 861 F.2d 991 (6th Cir. 1988), that Rieber
was ineligible to have her employment in 2008 and 2009 considered a trial work period. The final

decision of the Commissioner is AFFIRMED, and the complaint is DISMISSED WITH
PREJUDICE.
There being no just reason for delay in its entry, this is a final order.

IT IS SO ORDERED.

July 1, 2011

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