McClain-Nelson v. Social Security, Commissioner of

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATION; GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT re 13 MOTION for Summary Judgment filed by Social Security, Commissioner of, 11 MOTION for Summary Judgment filed by Linda McClain-Nelson, 15 REPORT AND RECOMMENDATION. Signed by District Judge Victoria A. Roberts. (CPin)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
LINDA L. MCCLAIN-NELSON,
Plaintiff,
CASE NUMBER: 12-14490
HONORABLE VICTORIA A. ROBERTS

v.
COMMISSIONER OF SOCIAL SECURITY,
Defendant.
____________________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION (Doc. 15);
GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT (Doc. 13);
AND DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT (Doc. 11)
Plaintiff brought this action to appeal the Commissioner of Social Security’s
denial of her application for disability benefits. This matter is before the Court on the
parties’ cross-motions for summary judgment. The Court referred those motions to
Magistrate Judge Laurie J. Michelson.
On January 13, 2014, Magistrate Judge Michelson filed a Report and
Recommendation (“R&R”) recommending that the Court grant Defendant’s motion for
summary judgment and deny Plaintiff’s. Magistrate Judge Michelson found that: (1) any
error in the Administrative Law Judge’s (“ALJ”) failure to give appropriate weight to the
treating physician was harmless; and (2) there was not a compelling reason to disturb
the ALJ’s credibility determinations.
On January 27, 2014, Plaintiff filed objections to the R&R; Plaintiff objects to both
of the Magistrate’s findings. Defendant responded to the objections.
This Court reviews de novo a Magistrate Judge’s Report and Recommendation
on a dispositive motion that is objected to properly. 28 U.S.C. § 636(b)(1). After

carefully reviewing the cross motions for summary judgment, the R&R, Plaintiff’s
objections, and the remainder of the record, the Court agrees with Magistrate Judge
Michelson’s conclusions.
Magistrate Judge Michelson accurately laid out the facts and relevant portions of
the administrative record; she engaged in a thorough analysis of the issues and
provided reasoned explanations for her conclusions. In reaching her conclusions,
Magistrate Judge Michelson considered the entire record and applied the appropriate
standard for review of an ALJ’s decision.
Accordingly, the Court ADOPTS Magistrate Judge Michelson’s Report and
Recommendation. Defendant’s motion for summary judgment is GRANTED; Plaintiff’s
motion for summary judgment is DENIED. The decision of the Commissioner of Social
Security is AFFIRMED.

S/Victoria A. Roberts
Victoria A. Roberts
United States District Judge

Dated: March 13, 2014
The undersigned certifies that a copy of this
document was served on the attorneys of
record by electronic means or U.S. Mail on
March 13, 2014.
S/Carol A. Pinegar
Deputy Clerk

2