Higgs v. Commissioner of Social Security

Filing 16

Memorandum of Opinion and Order For the reasons set forth herein, the Report and Recommendation of the Magistrate Judge, ECF No. 15 , is hereby adopted. The decision of the Commissioner of Social Security is affirmed. Judgment will be entered in favor of Defendant. Judge Benita Y. Pearson on 8/9/2018. (JLG)

PEARSON, J.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

KIMBERLY KAY HIGGS,
Plaintiff,
v.
NANCY A. BERRYHILL,
ACTING COMMISSIONER OF
SOCIAL SECURITY,
Defendant.

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CASE NO. 1:17CV1502

JUDGE BENITA Y. PEARSON

MEMORANDUM OF OPINION
AND ORDER

An Administrative Law Judge (“ALJ”) denied Plaintiff Kimberly Kay Higgs’s
applications 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
George J. Limbert for preparation of a report and recommendation pursuant to 28 U.S.C. § 636
and Local Rule 72.2(b)(1). On July 25, 2018, the magistrate judge submitted a Report (ECF No.
15) recommending that the Court affirm the Commissioner’s decision as supported by substantial
evidence and made pursuant to proper legal standards. Specifically, the magistrate judge found
that the ALJ properly determined (1) Plaintiff’s severe impairments and residual functional
capacity; (2) that Plaintiff could perform her past relevant work as a medical records clerk; and

(1:17CV1502)
(3) that Plaintiff could perform medium work with the limitations specified in the ALJ’s
decision.
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 were, therefore,
due on August 8, 2018. 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, 949-50 (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.

August 9, 2018
Date

/s/ Benita Y. Pearson
Benita Y. Pearson
United States District Judge

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