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)

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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. / 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 -1- 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 -2- 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 -3-

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