Henderson v. Commissioner of Social Security

Filing 20

ORDER ADOPTING Report and Recommendation 19 , DENYING Plaintiff's Motion for Summary Judgment 14 , and GRANTING Defendant's Motion for Summary Judgment 17 . Signed by District Judge Stephen J. Murphy, III. (KJac)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ARLENE HENDERSON, Plaintiff, Case No. 2:16-cv-13442 v. HONORABLE STEPHEN J. MURPHY, III COMMISSIONER OF SOCIAL SECURITY, MAGISTRATE R. STEVEN WHALEN Defendant. / ORDER ADOPTING REPORT AND RECOMMENDATION [19], DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT [14], AND GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT [17] The Commissioner of the Social Security Administration ("SSA") denied Arlene Henderson's application for Supplemental Security Income and Disability Insurance Benefits in a decision issued by an Administrative Law Judge ("ALJ"). The SSA Appeals Council denied Henderson's request for review of the ruling, and Henderson appealed. The Court referred the matter to the magistrate judge and the parties filed cross-motions for summary judgment. The magistrate judge issued a Report and Recommendation ("Report") suggesting the Court deny Henderson's motion and grant the Commissioner's motion. Civil Rule 72(b) governs review of a magistrate judge's report and recommendation. De novo review of the magistrate judge’s findings is only required if the parties "serve and file specific written objections to the proposed findings and recommendations." Fed. R. Civ. P. 72(b)(2). Because neither party filed timely objections, de novo review of the Report's conclusions is not required. Having examined the record, the Court finds that the magistrate judge's conclusions are factually based and legally sound. Accordingly, it is hereby ORDERED that the magistrate judge's Report and Recommendation [19] is ADOPTED, Henderson's Motion for Summary Judgment [14] is DENIED, the Commissioner's Motion for Summary Judgment [17] is GRANTED. SO ORDERED. s/Stephen J. Murphy, III STEPHEN J. MURPHY, III United States District Judge Dated: September 14, 2017 I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on September 14, 2017, by electronic and/or ordinary mail. s/Keisha Jackson for David Parker, Case Manager 2

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