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Alshimari v. Commissioner of Social Security

United States District Court, E.D. Michigan, Southern Division

January 6, 2015

ADWARD A. ALSHIMARI, Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY, Defendant.

ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION [#22], DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT [#17], AND GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT [#21]

GERSHWIN A. DRAIN, District Judge.

I. INTRODUCTION

This matter is before the Court on the Parties' Cross-Motions for Summary Judgment as to Plaintiff Adward A. Alshimari's claim for judicial review of Defendant, the Commissioner of Social Security, and her denial of Plaintiff's application for supplemental security income benefits (SSI). Dkt. Nos. 17, 22. The matter was referred to Magistrate Judge Charles E. Binder. See 28 U.S.C. § 636(b)(1)(B), E.D. Mich. L.R. 72.1(b)(3). Magistrate Judge Binder issued a Report and Recommendation on November 21, 2014, recommending that the Court deny Plaintiff's Motion for Summary Judgment, grant Defendant's Motion for Summary Judgment, and affirm the Commissioner's findings. Dkt. No. 22.

On December 5, 2014, Plaintiff Alshimari filed an Objection to the Magistrate Judge's Report and Recommendation. Dkt. No. 24. On December 19, 2014, the Commissioner filed a Response to Plaintiff's Objection to the Report and Recommendation. Dkt. No. 25.

For the reasons discussed below, the Court accepts and adopts the Magistrate Judge's Report and Recommendation. The Court concludes that substantial evidence supports the Commissioner's findings and warrants entry of judgment in favor of the Commissioner.

II. FACTUAL BACKGROUND

Plaintiff Alshimari is a 49-year-old man, [1] who completed the twelfth grade in Iraq; Arabic is his native language. On June 1, 2011, Plaintiff Alshimari alleged that he became unable to work on this date, and also filed an application for SSI benefits. On April 1, 2013, Administrative Law Judge ("ALJ") David F. Neumann conducted a hearing, considering the application de novo. At the hearing before the ALJ, Plaintiff testified that his back pain started in 1992, and that he has pain in both legs. Plaintiff also testified that he wears compression socks that were prescribed to him by his doctor; he further testified to his history with medical practitioners and procedures.

On May 24, 2013, ALJ Neumann decided that Plaintiff was not under a disability, within the meaning of the Social Security Act ("SSA"), at any time from June 1, 2011 until May 24, 2013. On October 25, 2013, the Social Security Commissioner adopted the ALJ's decision as its final decision; the Appeals Council denied Plaintiff's request for review. On February 19, 2014, Plaintiff filed the instant action, seeking judicial review of the Commissioner's final decision. On November 21, 2014, Magistrate Judge Binder recommended that the Court deny Plaintiff's Motion for Summary Judgment on the ground that the ALJ's decision to deny benefits was supported by substantial evidence. Plaintiff now objects to the Magistrate Judge's recommendation.

III. DISCUSSION

1. Standard of Review

a. Judicial Review

Pursuant to the United States Code, a district court judge may designate a magistrate judge to conduct hearings and to submit proposed findings of fact and recommendations for the disposition of any motion concerning certain pretrial matters. See 28 U.S.C. § 636(b)(1)(B).

After the magistrate judge has entered a Report and Recommendation, the Code states:

A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made. A judge of the court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge. The judge may also receive ...

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