Leitz v. Social Security, Commissioner of

Filing 14

ORDER Adopting 13 Report and Recommendation denying 10 Motion to Remand filed by Kerric W. Leitz, and granting 11 Motion for Summary Judgment filed by Social Security, Commissioner of, Signed by District Judge Bernard A. Friedman. (CMul)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

KERRIC W. LEITZ,
Plaintiff,
vs.

Case No. 11-10203
HON. BERNARD A. FRIEDMAN
MAGISTRATE JUDGE DAVID R. GRAND

MICHAEL ASTRUE,
Defendant.
______________________________/
OPINION AND ORDER ACCEPTING AND ADOPTING REPORT AND
RECOMMENDATION, GRANTING DEFENDANT’S MOTION FOR SUMMARY
JUDGMENT, DENYING PLAINTIFF’S MOTION FOR REMAND AND AFFIRMING
COMMISSIONER’S DECISION
This matter is before the Court on Magistrate Judge David R. Grand’s Report and
Recommendation (“R and R”), dated March 21, 2012. Neither party filed an objection to the R
and R.
This Court has had an opportunity to fully review this matter and the parties’ filings, and
believes that the Magistrate Judge has reached the correct conclusions for the proper reasons. As
recommended by Magistrate Judge Grand, the Court finds that 1) there was no error in the
Administrative Law Judge’s (“ALJ”) development of the record; 2) the ALJ was not required to
order a consultative examination regarding Plaintiff’s depression; 3) the ALJ properly
considered Plaintiff’s medications’ side effects; 4) the ALJ did not err in relying on the
vocational expert’s responsive testimony regarding the number and types of jobs Plaintiff could
perform; and 5) remand to consider new evidence is not warranted.
Accordingly,
1

IT IS ORDERED that Magistrate Judge David R. Grand’s Report and Recommendation
dated March 21, 2012, is hereby accepted and adopted.
IT IS FURTHER ORDERED that Defendant’s Motion for Summary Judgment is
GRANTED.
IT IS FURTHER ORDERED that Plaintiff’s Motion for Remand in Lieu of Motion for
Summary Judgment is DENIED.
IT IS FURTHER ORDERED that the decision of the Commissioner is AFFIRMED.

Dated: April 18, 2012
Detroit, Michigan

s/Bernard A. Friedman__________
BERNARD A. FRIEDMAN
UNITED STATES DISTRICT JUDGE

2