Stockdale v. Commissioner of Social Security

Filing 17

Memorandum of Opinion and Order Adopting 16 the Report and Recommendation. The decision of the Commissioner of Social Security is affirmed. Judgment will be entered in favor of Defendant (other related doc 1 ). Judge Benita Y. Pearson on 7/14/2017 (C,KA) Modified text 7/14/2017 (C,KA).

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PEARSON, J. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION CYNTHIA A STOCKDALE, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. ) ) ) ) ) ) ) ) ) ) CASE NO. 1:16CV2304 JUDGE BENITA Y. PEARSON MEMORANDUM OF OPINION AND ORDER An Administrative Law Judge (“ALJ”) denied Plaintiff Cynthia A. Stockdale’s application for Disability Insurance Benefits (“DIB”) after a hearing in the above-captioned case. That decision became the final determination of the Commissioner of Social Security when the Appeals Council denied the request to review the ALJ’s decision. The claimant sought judicial review of the Commissioner’s decision, and the Court referred the case to Magistrate Judge Thomas M. Parker for preparation of a report and recommendation pursuant to 28 U.S.C. § 636 and Local Rule 72.2(b)(1). The magistrate judge submitted a Report (ECF No. 16) recommending that the decision of the Commissioner be affirmed. Specifically, the magistrate judge recommends that the Court find: (1) the ALJ’s Step Three finding is supported by substantial evidence, including medical opinion evidence (ECF No. 16 at PageID #: 640-44); (2) the ALJ’s evaluation of Plaintiff’s obesity and determination that Plaintiff did not meet, or medically equal, the criteria for this listed impairment is supported by substantial evidence (ECF No. 16 at PageID #: 644-47); and (1:16CV2304) (3) the ALJ’s residual functioning capacity (“RFC”) finding was properly determined and is supported by substantial evidence (ECF No. 16 at PageID #: 648-50). Fed. R. Civ. P. 72(b)(2) provides that objections to a Report and Recommendation must be filed within 14 days after service. Objections to the magistrate judge’s Report and Recommendation were, therefore, due on July 3, 2017. Neither party has filed objections, evidencing satisfaction with the magistrate judge’s recommendations. Any further review by this Court would be a duplicative and inefficient use of the Court’s limited resources. Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984), aff’d, 474 U.S. 140 (1985); Howard v. Secretary of Health and Human Services, 932 F.2d 505 (6th Cir. 1991); United States v. Walters, 638 F.2d 947, 94950 (6th Cir. 1981). Accordingly, the Report and Recommendation of the magistrate judge is hereby adopted. The decision of the Commissioner of Social Security is affirmed. Judgment will be entered in favor of Defendant. IT IS SO ORDERED. July 14, 2017 Date /s/ Benita Y. Pearson Benita Y. Pearson United States District Judge

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