Ahmed v. Social Security

Filing 19

ORDER Adopting 16 Report and Recommendation for Denying 12 Motion for Summary Judgment filed by Shamsul Ahmed and Granting 14 Motion for Summary Judgment filed by Commissioner of, Social Security. Signed by District Judge Sean F. Cox. (JMcC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
Shamsul Ahmed,
Plaintiff,
v.

Case No. 17-10940

Commissioner of Social Security,

Sean F. Cox
United States District Court Judge

Defendant.
______________________________/
ORDER ADOPTING 2/21/18 REPORT AND RECOMMENDATION
Plaintiff Shamsul Ahmed brings this action under 42 U.S.C. § 405(g), seeking review of
the Commissioner of Social Security’s denial in part of his application for Supplemental Security
Income and disability insurance benefits. The Court referred the matter to Magistrate Judge
David R. Grand for a report and recommendation under 28 U.S.C. § 636(b)(1)(B) (Doc. # 3),
after which the parties filed cross-motions for summary judgment (Doc. # 12, 14).
On February 21, 2018, Magistrate Judge Grand issued a Report and Recommendation
(R&R) (Doc. # 16) wherein he recommends that the Court grant Defendant’s Motion for
Summary Judgment, deny Plaintiff’s Motion for Summary Judgment, and affirm the ALJ’s
decision. Plaintiff timely objected to the R&R (Doc. # 17). The Court reviews his objections de
novo. Fed. R. Civ. P. 72(b).
To properly object to the R&R, Plaintiff must do more than simply restate the arguments
set forth in his summary judgment motion. Senneff v. Colvin, 2017 WL 710651 at * 2 (E.D.
Mich. Feb. 23, 2017). He has not done so. Plaintiff’s objection reiterates his belief that the
ALJ’s residual functional capacity finding was not supported by substantial evidence. But both
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of his arguments in this regard–that the ALJ mischaracterized his treadmill use and that the
reports of his treating physician Dr. Munir contradict the ALJ’s decision–were considered and
rejected by the Magistrate Judge. R&R at 13-16. The Court agrees with Magistrate Judge
Grand’s conclusion that Plaintiff’s testimony about his treadmill use does not merit a remand and
that the ALJ’s decision is not undermined by Dr. Munir’s residual functional capacity opinion.
Accordingly, the Court OVERRULES Plaintiff’s objection and ADOPTS the Magistrate
Judge’s February 21, 2018 R&R. IT IS FURTHER ORDERED that: 1) Defendant’s Motion for
Summary Judgment is GRANTED; 2) Plaintiff’s Motion for Summary Judgment is DENIED;
and 3) the ALJ’s decision is AFFIRMED.
IT IS SO ORDERED.
s/Sean F. Cox
Sean F. Cox
United States District Judge
Dated: May 1, 2018
I hereby certify that a copy of the foregoing document was served upon counsel of record on
May 1, 2018, by electronic and/or ordinary mail.
s/Jennifer McCoy
Case Manager

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