Dygert v. Social Security, Commissioner of

Filing 12

OPINION AND ORDER denying 8 Motion for Summary Judgment; granting 10 Motion for Summary Judgment; adopting 11 Report and Recommendation on 8 Motion for Summary Judgment, 11 Report and Recommendation, 10 Motion for Summary Judgment. Signed by District Judge Patrick J. Duggan. (MOre)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
LINDA DYGERT,
Plaintiff,

Case No. 13-11317

v.

Honorable Patrick J. Duggan

COMMISSIONER OF
SOCIAL SECURITY,

Magistrate Judge Laurie J. Michelson

Defendant.
____________________________/
OPINION AND ORDER
On March 25, 2013, Plaintiff Linda Dygert filed this lawsuit challenging a
final decision of the Commissioner of Social Security denying Plaintiff’s
application for social security disability benefits. The following day, this Court
referred the lawsuit to Magistrate Judge Laurie J. Michelson for all pretrial matters
proceedings, including a hearing and determination of all non-dispositive matters
pursuant to 28 U.S.C. § 636(b)(1)(A) and/or a report and recommendation
(“R&R”) on all dispositive matters pursuant to 28 U.S.C. § 636(b)(1)(B). (ECF
No. 2.) The parties subsequently filed cross-motions for summary judgment.
(ECF Nos. 9, 10.) On January 3, 2014, Magistrate Judge Michelson issued an
R&R recommending that this Court grant Defendant’s motion and deny Plaintiff’s
motion. (ECF No. 11.)

In her R&R, Magistrate Judge Michelson concludes that there was
substantial evidence in the record to support the Administrative Law Judge’s
determination that Plaintiff “was not under a ‘disability’ as that term is used in the
Social Security Act.” (R&R 1.) At the conclusion of the R&R, Magistrate Judge
Michelson advises the parties that they may object to and seek review of the R&R
within fourteen days of service upon them. (Id. at 20.) She further specifically
advises the parties that “[f]ailure to file specific objections constitutes a waiver of
any further right to appeal.” (Id.) Neither party filed objections to the R&R.
The Court has carefully reviewed the R&R and concurs with the conclusions
reached by Magistrate Judge Michelson. The Court therefore adopts Magistrate
Judge Michelson’s January 3, 2014 Report and Recommendation.
Accordingly,
IT IS ORDERED that Plaintiff’s motion for summary judgment is
DENIED;
IT IS FURTHER ORDERED that Defendant’s motion for summary
judgment is GRANTED.
Dated: March 13, 2014
s/PATRICK J. DUGGAN
UNITED STATES DISTRICT JUDGE
Copies to:
Richard J. Doud, Esq.
Ameenah Lewis, Esq.
Derri T. Thomas, AUSA
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