Aaron v. Commissioner of Social Security Administration

Filing 14

ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION 13 , GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT 11 , DENYING PLAINTIFF'S MOTION FORSUMMARY JUDGMENT 11 , AND AFFIRMING THE COMMISSIONER'S DECISION. Signed by District Judge Gershwin A. Drain. (TBan)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION LISA AARON, Plaintiff, Case No. 16-cv-10211 v. UNITED STATES DISTRICT COURT JUDGE GERSHWIN A. DRAIN COMMISSIONER OF SOCIAL SECURITY, UNITED STATES MAGISTRATE JUDGE DAVID R. GRAND Defendant. __________________________/ ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION [13], GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT [11], DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT [11], AND AFFIRMING THE COMMISSIONER’S DECISION Lisa Aaron (Plaintiff) filed this action on January 12, 2016. Dkt. No. 1. Plaintiff sought judicial review of the Commissioner of Social Security’s (Defendant) denial of disability benefits. Each party filed a Motion for Summary Judgment. Dkt. Nos. 11, 12. The matter was referred to Magistrate Judge David R. Grand. On October 31, 2016, Magistrate Judge Grand issued a Report and Recommendation which recommends that the Defendant’s Motion for Summary Judgment be granted and the Administrative Law Judge’s denial of benefits be affirmed. Neither party filed an objection to Magistrate Judge Grand’s Report and Recommendation. The time for filing objections has expired. See 28 U.S.C. § -1- 636(b)(1)(C). Upon review of the Magistrate Judge’s Report and Recommendation, the Court concludes that the Magistrate Judge reached the correct conclusion. Therefore, the Court hereby ACCEPTS and ADOPTS Magistrate Judge Grand’s October 31, 2016 Report and Recommendation [13] as this Court’s findings of fact and conclusions of law. Plaintiff’s Motion for Summary Judgment [11] is HEREBY DENIED. Defendant’s Motion for Summary Judgment [12] is GRANTED and the Commissioner of Social Security’s decision is AFFIRMED. SO ORDERED. Dated: January 9, 2017 Detroit, MI /s/Gershwin A Drain HON. GERSHWIN A. DRAIN United States District Court Judge I hereby certify that a copy of the foregoing document was mailed to the attorneys of record on this date, January 9, 2017, by electronic and/or ordinary mail. /s/Tanya Bankston Case Manager, (313) 234-5213 -2-

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