Lang v. Social Security, Commissioner of

Filing 22

OPINION and ORDER. Signed by District Judge Linda V. Parker. (RLou)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DAWN LANG,
Plaintiff,
Civil Case No. 17-14105
Honorable Linda V. Parker

v.
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
________________________________/

OPINION AND ORDER
On December 20, 2017, Plaintiff filed this lawsuit challenging the
Commissioner of Social Security’s final decision denying her application for social
security benefits. The following day, this Court referred the lawsuit to Magistrate
Judge David R. Grand 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). (ECF No. 3.) The parties subsequently filed crossmotions for summary judgment. (ECF Nos. 18, 20.)
On September 14, 2018, Magistrate Judge Grand issued a R&R,
recommending that this Court deny Plaintiff’s motion for summary judgment and
grant Defendant’s motion. (ECF No. 21.) Magistrate Judge Grand first concludes

that Administrative Law Judge Sarah Zimmerman (“ALJ”) gave good reasons,
supported by substantial evidence for discounting the opinion of Plaintiff’s treating
physician. (Id. at Pg ID 1320-23.) Magistrate Judge Grand next concludes that the
ALJ did not err in failing to account for Plaintiff’s frequent absences from work to
receive medical treatment. (Id. at Pg ID 1324-26.)
At the end of the R&R, Magistrate Judge Grand 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 1326.) He further specifically advises the parties that “[f]ailure
to file specific objections constitutes a waiver of any further right to appeal.” (Id.)
Neither Plaintiff nor Defendant filed objections to the R&R.
The Court has carefully reviewed the R&R and concurs with the conclusions
reached by Magistrate Judge Grand. The Court therefore adopts Magistrate Judge
Grand’s September 14, 2018 R&R.
Accordingly,
IT IS ORDERED that Plaintiff’s motion for summary judgment (ECF No.
18) is DENIED;
IT IS FURTHER ORDERED that Defendant’s motion for summary
judgment (ECF No. 20) is GRANTED and Defendant’s decision denying Plaintiff

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social security benefits is AFFIRMED.
s/ Linda V. Parker
LINDA V. PARKER
U.S. DISTRICT JUDGE
Dated: November 7, 2018
I hereby certify that a copy of the foregoing document was mailed to counsel of
record and/or pro se parties on this date, November 7, 2018, by electronic and/or
U.S. First Class mail.
s/ R. Loury
Case Manager

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