Bentschneider v. Social Security

Filing 13

OPINION AND ORDER Accepting and Adopting Report and Recommendation 12 , Denying Plaintiff's 9 Motion for Summary Judgment filed by Robert Douglas Bentschneider, and Granting the Commissioner's 11 Motion for Summary Judgment. Signed by District Judge Gershwin A. Drain. (TMcg)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
ROBERT DOUGLAS BENTSCHNEIDER,
Case No. 16-cv-12038
Plaintiff,
UNITED STATES DISTRICT COURT JUDGE
GERSHWIN A. DRAIN

v.
COMMISSIONER OF SOCIAL SECURITY,

UNITED STATES MAGISTRATE JUDGE
DAVID R. GRAND

Defendant.
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OPINION AND ORDER ACCEPTING AND ADOPTING REPORT AND
RECOMMENDATION [12], DENYING PLAINTIFF’S MOTION FOR SUMMARY
JUDGMENT [9], AND GRANTING THE COMMISSIONER’S MOTION FOR SUMMARY
JUDGMENT [11]
On June 4, 2016, Robert Douglas Bentschneider (“Plaintiff”) initiated this
action pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3), challenging the final
decision of Defendant Commissioner of Social Security (“Commissioner”)
denying his application for Disability Insurance Benefits (“DIB”) under the Social
Security Act (the “Act”). Dkt. No. 1.
The matter was referred to Magistrate David R. Grand, who issued a Report
and Recommendation on April 7, 2017. Dkt. No. 12. Magistrate Judge Grant
recommended that the Court grant the Commissioner’s Motion for Summary
Judgment, Dkt. No. 11, and deny Plaintiff’s Motion for Summary Judgment, Dkt.
No. 9. Neither party filed objections to the Magistrate Judge’s Report and
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Recommendation and the time period for filing objections has expired. See 28
U.S.C. § 636(b)(1)(C).
Upon review of the parties’ briefing and the Magistrate Judge’s Report and
Recommendation, the Court concludes that Magistrate Judge Grand reached the
correct conclusion.
Accordingly, the Court hereby ACCEPTS and ADOPTS Magistrate Judge
Grand’s Report and Recommendation [12] as this Court’s findings of fact and
conclusions of law.
IT IS FURTHER ORDERED that Plaintiff’s Motion for Summary
Judgment [9] is DENIED.
IT IS FURTHER ORDERED that the Commissioner’s Motion for
Summary Judgment [11] is GRANTED and the Commissioner’s decision is
AFFIRMED.
IT IS SO ORDERED.
Dated:

April 25, 2017
s/Gershwin A. Drain
Hon. Gershwin A. Drain
United States District Court Judge

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CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was served upon
counsel of record and any unrepresented parties via the Court's ECF System to
their respective email or First Class U.S. mail addresses disclosed on the Notice of
Electronic Filing on April 25, 2017.
s/Teresa McGovern
Teresa McGovern
Case Manager Generalist

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