molda v. Commissioner
OPINION AND ORDER GRANTING Defendant's 26 Motion for Summary Judgment; and DENYING Plaintiff's 17 Motion for Summary Judgment--Signed by Magistrate Judge Anthony P. Patti. (MWil)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
Case No. 2:16-cv-11985
Magistrate Judge Anthony P. Patti
COMMISSIONER OF SOCIAL
OPINION AND ORDER DENYING PLAINTIFF’S MOTION FOR
SUMMARY JUDGMENT (DE 17), GRANTING DEFENDANT’S MOTION
FOR SUMMARY JUDGMENT (DE 26) AND AFFIRMING THE DECISION
OF THE COMISSIONER OF SOCIAL SECURITY
Plaintiff, Wayne Molda, 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 his application for disability insurance benefits or
supplemental security income (“SSI”) benefits. Currently before the Court is
Plaintiff’s motion for summary judgment (DE 17), the Commissioner’s crossmotion for summary judgment (DE 26), and the administrative record (DE 10).
The parties have consented to my authority. (DEs 18, 19.) A hearing was
held on September 19, 2017. On that date, Plaintiff’s counsel (Mandel I. Allweil)
appeared in person and Defendant’s counsel (AUSA John J. Engel) appeared by
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 his decision and that
substantial evidence in the record supports his findings. Alternatively, any legal or
procedural error (in the ALJ’s analysis of the Listings) was harmless.
Accordingly, Plaintiff’s motion is DENIED (DE 17), Defendant’s motion is
GRANTED (DE 26), and the decision of the Commissioner of Social Security is
IT IS SO ORDERED.
Dated: September 20, 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 September 20, 2017, electronically and/or by U.S. Mail.
Case Manager for the
Honorable Anthony P. Patti
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