Giacobbi v. Social Security

Filing 23

OPINION AND ORDER DENYING PLAINTIFFS MOTIONFOR SUMMARY JUDGMENT 12 , GRANTING DEFENDANTSMOTION FOR SUMMARY JUDGMENT 18 , AND AFFIRMINGTHE DECISION OF THE COMMISSIONER OF SOCIAL SECURITY. Signed by Magistrate Judge David R. Grand. (EBut)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
BRENDA S. GIACOBBI,
Plaintiff,

Civil Action No. 16-12789
Magistrate Judge David R. Grand

v.
COMMISSIONER OF
SOCIAL SECURITY,
Defendant.
__________________________________/
OPINION AND ORDER DENYING PLAINTIFF’S MOTION
FOR SUMMARY JUDGMENT [12], GRANTING DEFENDANT’S
MOTION FOR SUMMARY JUDGMENT [18], AND AFFIRMING
THE DECISION OF THE COMMISSIONER OF SOCIAL SECURITY
Plaintiff Brenda Giacobbi brings this action pursuant to 42 U.S.C. § 405(g),
challenging the final decision of Defendant Commissioner of Social Security denying her
applications for Supplemental Security Income and Widow’s Insurance Benefits under
the Social Security Act. Currently before the Court are Plaintiff’s Motion for Summary
Judgment (Doc. #12), Defendant’s Cross-Motion for Summary Judgment (Doc. #18) and
Supplemental Brief (Doc. #22), as well as the administrative record (Doc. #9).
The parties have consented to my authority pursuant to 28 U.S.C. § 636(c). (Doc.
#14). A hearing on the motions was held on May 4, 2017, on the parties’ cross-motions
for summary judgment. (Doc. #19). On that date, Plaintiff’s counsel (Kenneth F. Laritz)
appeared in person, while Defendant’s counsel (Louis J. George) appeared by telephone.
For the reasons stated on the record, Plaintiff’s motion (Doc. #12) is DENIED,

Defendant’s motion (Doc. #18) is GRANTED, and the decision of the Commissioner of
Social Security is AFFIRMED.
IT IS SO ORDERED.

Dated: May 4, 2017
Ann Arbor, Michigan

s/David R. Grand
DAVID R. GRAND
United States Magistrate Judge

CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was served upon counsel of
record and any unrepresented parties via the Court’s ECF System to their respective
email or First Class U.S. mail addresses disclosed on the Notice of Electronic Filing on
May 4, 2017.
s/Eddrey O. Butts
EDDREY O. BUTTS
Case Manager

2