Harrison v. Colvin

Filing 27

OPINION AND ORDER DENYING Plaintiff's 16 Motion for Summary Judgment; granting and GRANTING Defendant's 19 Motion for Summary Judgment--Signed by Magistrate Judge Anthony P. Patti. (MWil)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION LATANYA RUTH HARRISON, Plaintiff, Case No. 2:16-cv-11521 Magistrate Judge Anthony P. Patti v. COMMISSIONER OF SOCIAL SECURITY, Defendant. ___________________________________/ OPINION AND ORDER DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT (DE 16), GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT (DE 19) AND AFFIRMING THE DECISION OF THE COMISSIONER OF SOCIAL SECURITY Plaintiff, Latanya Ruth Harrison, brings this action under 42 U.S.C. §§ 405(g) and 1383(c)(3) for review of a final decision of the Commissioner of Social Security (“Commissioner”) denying her application for supplemental security income. Currently before the Court is Plaintiff’s motion for summary judgment (DE 16), the Commissioner’s cross-motion for summary judgment (DE 19), and the administrative record (DE 14). The parties have consented to my authority. (DE 22.) A hearing was held on June 1, 2017, at which Plaintiff’s counsel (Edward Wicklund) and Defendant’s counsel (AUSA Ronald Makawa) appeared by telephone. For the reasons stated on the record, all of which are hereby incorporated by this reference as though fully restated herein, the Court concludes that the ALJ unerringly applied the correct legal standards in reaching her decision and that substantial evidence in the record supports her findings. In sum, the ALJ did not err in her consideration of Plaintiff’s obesity or the weighing of opinion evidence, and Plaintiff’s Residual Functional Capacity is supported by substantial evidence. Accordingly, Plaintiff’s motion is DENIED (DE 16), Defendant’s motion is GRANTED (DE 19), and the decision of the Commissioner of Social Security is AFFIRMED. IT IS SO ORDERED. Dated: June 1, 2017 s/Anthony P. Patti Anthony P. Patti UNITED STATES MAGISTRATE JUDGE Certificate of Service I hereby certify that a copy of the foregoing document was sent to parties of record on June 1, 2017, electronically and/or by U.S. Mail. s/Michael Williams Case Manager for the Honorable Anthony P. Patti  2

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