Kaiser v. Commissioner

Filing 21

OPINION AND ORDER DENYING Plaintiff's 10 Motion for Summary Judgment; and GRANTING Defendant's 11 Motion for Summary Judgment--Signed by Magistrate Judge Anthony P. Patti. (MWil)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DEBORAH M. KAISER,
Plaintiff,

Case No. 2:16-cv-11997
Magistrate Judge Anthony P. Patti

v.
COMMISSIONER OF
SOCIAL SECURITY,
Defendant.
___________________________________/
OPINION AND ORDER DENYING PLAINTIFF’S MOTION FOR
SUMMARY JUDGMENT (DE 10), GRANTING DEFENDANT’S MOTION
FOR SUMMARY JUDGMENT (DE 11) AND AFFIRMING THE DECISION
OF THE COMMISSIONER OF SOCIAL SECURITY
Plaintiff, Deborah M. Kaiser, 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 applications for disability insurance (DI)
and supplemental security income (SSI) benefits. Currently before the Court is
Plaintiff’s motion for summary judgment (DE 10), the Commissioner’s crossmotion for summary judgment (DE 11), Plaintiff’s reply (DE 12), and the
administrative record (DE 7).
The parties have consented to my authority. (DE 15.) A hearing was held
on July 19, 2017, at which Plaintiff’s counsel (Joshua T. McFarland) appeared in
person and Defendant’s counsel (AUSA Michael L. Henry) 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 the opinion evidence, function report(s), medication side
effects or past relevant work, and Plaintiff’s Residual Functional Capacity is
supported by substantial evidence. Accordingly, Plaintiff’s motion is DENIED
(DE 10), Defendant’s motion is GRANTED (DE 11), and the decision of the
Commissioner of Social Security is AFFIRMED.
IT IS SO ORDERED.

Dated: July 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 July 20, 2017, electronically and/or by U.S. Mail.
s/Michael Williams
Case Manager for the
Honorable Anthony P. Patti 

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