Byrd v Social Security, Commissioner of

Filing 27

ORDER granting 22 Motion for Summary Judgment; adopting 24 Report and Recommendation on 22 Motion for Summary Judgment, 24 Report and Recommendation. Signed by District Judge Victoria A Roberts. (CPin)

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-VMM Byrd v Social Security, Commissioner of Doc. 27 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ESSIE BYRD O/B/O J.E.B., Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. Case No. 09-11873 Honorable Victoria A. Roberts Magistrate Judge Virginia M. Morgan / ORDER ADOPTING REPORT AND RECOMMENDATION [24] I have before me Magistrate Judge Virginia M. Morgan's Report and Recommendation ("Report"). (Dkt. 24.) In her Report, Magistrate Judge Morgan recommends that I grant Defendant Commissioner of Social Security's Motion for Summary Judgment (Dkt. 22), and deny Plaintiff Byrd's Motion for Summary Judgment (Dkt. 21). Plaintiff filed an Objection to the Report. (Dkt. 25.) Having thoroughly considered Plaintiff's Objection and Magistrate Judge Morgan's Report, I conclude that Magistrate Judge Morgan correctly analyzed the issues and I agree with her recommendations. It appears that Plaintiff's primary argument is that JEB's impairments have worsened since the administrative law judge's determination in February 2008. "If in fact [JEB's] condition ha[s] seriously degenerated, the appropriate remedy would have been to initiate a new claim for benefits as of the date that the condition aggravated to the point of constituting a disabling impairment." Sizemore v. Sec'y of Health & Human Servs., 865 F.2d 709, 712 (6th Cir. 1988) (citing Oliver v. Sec'y of Health & Human Servs., 804 F.2d 964, 966 (6th Cir. 1986); Ward v. Schweiker, 686 F.2d 762, 786 & n.4 (9th Cir. 1982)). Accordingly, I ADOPT Magistrate Judge Morgan's Report and Recommendation, OVERRULE Plaintiff's Objections, GRANT Defendant's Motion for Summary Judgment, DENY Plaintiff's Motion for Summary Judgment, and DISMISS the case WITH PREJUDICE. IT IS SO ORDERED. s/Victoria A. Roberts Victoria A. Roberts United States District Judge Dated: September 28, 2010 The undersigned certifies that a copy of this document was served on the attorneys of record and Essie Byrd by electronic means or U.S. Mail on September 28, 2010. s/Linda Vertriest Deputy Clerk 2

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