Wagster v. Berryhill

Filing 18

ORDER adopting 17 Report and Recommendation on 16 Motion for Summary Judgment, 14 Motion for Summary Judgment. Signed by District Judge George Caram Steeh. (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
SHANE E. WAGSTER,
Plaintiff,
Case No. 17-CV-12900
HON. GEORGE CARAM STEEH

vs.
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
___________________________/

ORDER ACCEPTING MAGISTRATE
JUDGE'S REPORT AND RECOMMENDATION [ECF NO. 17]
Plaintiff Shane Wagster filed an application for disability insurance
benefits (DIB) and Social Security Supplemental Insurance benefits (SSI)
on June 12, 2014. Plaintiff alleges disability beginning May 18, 2014 when
he was involved in a motorcycle accident. He has past work experience
as a mechanic and a siding installer. His date of last insured is June 30,
2017. The ALJ found that plaintiff was not disabled and denied his claims.
In June 2017, the Appeals Council denied review, making the ALJ’s
decision the final decision of the Commissioner. Plaintiff timely filed for
judicial review.
Both parties filed motions for summary judgment which were referred
to the Magistrate Judge for report and recommendation. On June 7, 2018,
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the Magistrate Judge issued a report and recommendation recommending
that plaintiff=s motion for summary judgment be denied and defendant=s
motion for summary judgment be granted. Objections to the report have
not been filed by defendant within the established time period. The court
has reviewed the file, record and magistrate judge’s report and
recommendation.
The court agrees with the analysis conducted by the magistrate
judge, and therefore accepts her recommendation. Now, therefore,
IT IS HEREBY ORDERED that plaintiff’s motion for summary
judgment is DENIED.
IT IS HEREBY FURTHER ORDERED that defendant’s motion for
summary judgment is GRANTED.
IT IS HEREBY FURTHER ORDERED that judgment enter for
defendant.
Dated: June 28, 2018
s/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
June 28, 2018, by electronic and/or ordinary mail.
s/Marcia Beauchemin
Deputy Clerk

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