Thomason v. Commissioner Social Security
OPINION and ORDER (1) Adopting Magistrate Judge's 27 Report and Recommendation; (2) Denying Plaintiff's 20 Motion for Summary Judgment; and (3) Granting Defendant's 26 Motion for Summary Judgment. Signed by District Judge Linda V. Parker. (RLou)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
CARRIE LYNN THOMASON,
Civil Case No. 16-10288
Honorable Linda V. Parker
COMMISSIONER OF SOCIAL
OPINION AND ORDER (1) ADOPTING MAGISTRATE JUDGE’S
FEBRUARY 13, 2017 REPORT AND RECOMMENDATION [ECF NO. 27];
(2) DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
[ECF NO. 20]; AND (3) GRANTING DEFENDANT’S MOTION FOR
SUMMARY JUDGMENT [ECF NO. 26]
On January 27, 2016, Plaintiff filed this lawsuit challenging the final
decision by the Commissioner of Social Security (“Commissioner”) denying
Plaintiff’s application for Disability Insurance Benefits (“DIB”) under Title II of
the Social Security Act. On January 29, 2016, this Court referred the matter to
Magistrate Judge R. Steven Whalen for all pretrial proceedings, including a
hearing and determination of all non-dispositive matters pursuant to 28 U.S.C.
§636(b)(1)(A) and/or a report and recommendation (“R&R”) on all dispositive
matters pursuant to 28 U.S.C. § 636(b)(1)(B) and (C). (ECF No. 4.) The parties
subsequently filed cross-motions for summary judgment. (ECF Nos. 20, 26.) On
February 13, 2017, Magistrate Judge Whalen issued his R&R recommending that
this Court grant the Commissioner’s motion and deny Plaintiff’s motion. (ECF
In his R&R, Magistrate Judge Whalen concludes that the Administrative
Law Judge’s determination was well-reasoned and within the “zone of choice”
accorded to the fact-finder at the administrative hearing level. (Id. at Pg ID 840.)
Specifically, the magistrate judge found that Plaintiff failed to provide support that
her condition of morbid obesity required the same sequential analysis as when the
ALJ is tasked with determining whether the disability is caused by substance
abuse. (Id. at Pg ID 836.) Magistrate Judge Whalen also notes that Plaintiff
rejects the Vocational Expert’s conclusion that there are 4,300 jobs in Southeastern
Michigan that Plaintiff could perform without providing any support. (Id. at Pg ID
839.) Magistrate Judge Whalen therefore concludes that the ALJ’s decision should
not be disturbed by the Court.
At the conclusion of the R&R, Magistrate Judge Whalen advises the parties
that they may object to and seek review of the R&R within fourteen days of service
upon them. (Id. at Pg ID 840.) He further specifically advises the parties that
“[f]ailure to file specific objections constitutes a waiver of any further right to
appeal.” (Id., citing Thomas v. Arn, 474 U.S. 140 (1985); Howard v. Sec’y of
Health and Human Servs., 932 F.2d 505 (6th Cir. 1991); United States v. Walters,
638 F.2d 947 (6th Cir. 1981).) Neither party filed objections to the R&R.
The Court has carefully reviewed the R&R and concurs with the conclusions
reached by Magistrate Judge Whalen. The Court therefore adopts Magistrate
Judge Whalen’s February 13, 2017 R&R.
IT IS ORDERED, that Plaintiff’s motion for summary judgment (ECF No.
20) is DENIED;
IT IS FURTHER ORDERED, that Defendant’s motion for summary
judgment (ECF No. 26) is GRANTED.
s/ Linda V. Parker
LINDA V. PARKER
U.S. DISTRICT JUDGE
Dated: March 21, 2017
I hereby certify that a copy of the foregoing document was mailed to counsel of
record and/or pro se parties on this date, March 21, 2017, by electronic and/or U.S.
First Class mail.
s/ Richard Loury
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