Schroeder v. Saul

Filing 20

ORDER Adopting 19 Report and Recommendation, Granting Defendant's 17 Motion for Summary Judgment, Denying Plaintiff's 13 Motion for Summary Judgment, and Affirming the Decision of the Commissioner. Signed by District Judge Thomas L. Ludington. (KWin)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION
SANDRA SCHROEDER,
Plaintiff,
v.

Case No. 1:20-cv-10914
Honorable Thomas L. Ludington
Magistrate Judge Patricia T. Morris

COMMISSIONER ANDREW SAUL,
Defendant.
__________________________________________/
ORDER ADOPTING REPORT & RECOMMENDATION, GRANTING DEFENDANT’S
MOTION FOR SUMMARY JUDGMENT, DENYING PLAINTIFF’S MOTION FOR
SUMMARY JUDGMENT, AND AFFIRMING THE DECISION OF THE
COMMISSIONER
On September 23, 2017, Plaintiff’s application for disability insurance benefits was
completed. ECF No. 10 at PageID.202. She alleged that she became disabled on May 30, 2017. Id.
On December 26, 2017 the Commissioner denied the claim. Id. at PageID.136. Plaintiff then
requested a hearing before an administrative law judge (“ALJ”), which occurred on November 5,
2018. Id. at PageID.146; Id. at PageID.77. The ALJ issued a decision on February 27, 2019, finding
that Plaintiff was not disabled. Id. at PageID.63. The Appeals Council denied review on March 3,
2020. Id. at PageID.35. Plaintiff sought judicial review on April 9, 2020, and the parties
subsequently filed cross-motions for summary judgment. ECF Nos. 1, 13, 17.
The matter was referred to Magistrate Judge Patricia Morris. On April 21, 2021, Magistrate
Judge Morris issued her report. ECF No. 19. She recommended denying Plaintiff’s Motion for
Summary Judgment, granting Defendant’s Motion for Summary Judgment, and affirming the
Commissioner. Id. Although the Magistrate Judge’s Report states that the parties to this action
could object to and seek review of the recommendation within fourteen days of service of the

Report, neither party timely filed any objections. The election not to file objections to the
Magistrate Judge’s Report releases the Court from its duty to independently review the record.
Thomas v. Arn, 474 U.S. 140, 149 (1985). The failure to file objections to the report and
recommendation waives any further right to appeal. Id.
Accordingly, it is ORDERED that the Magistrate Judge’s Report and Recommendation,
ECF No. 19, is ADOPTED.
It is further ORDERED that Defendant’s Motion for Summary Judgment, ECF No. 17, is
GRANTED.
It is further ORDERED that Plaintiff’s Motion for Summary Judgment, ECF No. 13, is
DENIED.
It is further ORDERED that the findings of the Commissioner are AFFIRMED.
Dated: June 4, 2021

s/Thomas L. Ludington
THOMAS L. LUDINGTON
United States District Judge

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