Junior v. Social Security, Commissioner of

Filing 22

ORDER denying 10 Plaintiff's Motion for Summary Judgment; granting Defendant's 14 Motion for Summary Judgment; Overruling Objections and adopting 18 Report and Recommendation. Signed by District Judge Nancy G. Edmunds. (CHem)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

Stacey Junior,
Case No. 11-14506
Plaintiff,
Honorable Nancy G. Edmunds
v.
Michael J. Astrue, Commissioner of Social
Security,
Defendant.
/

ORDER AND OPINION OVERRULING PLAINTIFF’S OBJECTION TO THE
MAGISTRATE JUDGE’S DECEMBER 12, 2012 REPORT AND RECOMMENDATION
AND ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION [20, 18]

Before the Court is the magistrate judge’s report and recommendation that the Court
deny Plaintiff Stacey Junior’s motion for summary judgment and grant Defendant Social
Security’s motion for summary judgment. (Dkt. 18.) The magistrate judge recommended
affirming the administrative law judge’s determination that Plaintiff was not disabled and
therefore not entitled to Social Security benefits. (Id.) Plaintiff has filed one objection–that
the administrative law judge did not properly weigh her treating physician’s opinion. (Dkt.
20.)
The Court is fully advised in the premises and has reviewed the record, the pleadings,
and Plaintiff’s objection. The Court agrees with the magistrate judge that the administrative
law judge appropriately discussed Plaintiff’s alleged treating source physician and
appropriately did not give it controlling weight.

The Court therefore ACCEPTS and ADOPTS the magistrate judge’s report and
recommendation.
The Court therefore GRANTS Defendant’s motion for summary judgment (dkt. 14) and
DENIES Plaintiff’s motion for summary judgment (dkt. 10).
SO ORDERED.
s/Nancy G. Edmunds
Nancy G. Edmunds
United States District Judge
Dated: February 6, 2013
I hereby certify that a copy of the foregoing document was served upon counsel of record
on February 6, 2013, by electronic and/or ordinary mail.
s/Carol A. Hemeyer
Case Manager

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