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Drain v. Commissioner of Social Security

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

July 30, 2015

YONEIA A. DRAIN, Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY, Defendant.

ORDER OVERRULING PLAINTIFF'S OBJECTIONS, ADOPTING REPORT AND RECOMMENDATION, GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, AND DENYING PLAINTIFF'S MOTION TO REMAND

THOMAS L. LUDINGTON, District Judge.

Plaintiff Yoneia Drain challenges the Commissioner's denial of her application for Social Security benefits. She claims that she is disabled as defined by the Social Security Act because she suffers from depression.

On October 15, 2014, Drain filed a motion to remand, requesting that this case be remanded to the Administrative Law Judge ("ALJ") for further proceedings. The Commissioner filed a response motion for summary judgment, requesting that the ALJ's determination be affirmed. On June 10, 2015, the United States Magistrate Judge issued a report recommending that the ALJ's determination be affirmed.

Drain timely filed objections, contending that the ALJ had erred in determining that she was not disabled. Because the ALJ's decision is supported by substantial evidence in the record, Drain's objections will be overruled and the ALJ's decision will be affirmed.

I

Drain was 40 years old on the date she alleges that her disability began. A.R. 30. She completed tenth grade but did not graduate high school. A.R. 30. She lives with her two children and her sister. A.R. 32.

A

On August 16, 2011, Drain filed the instant claim asserting that she was unable to work due to a herniated disc, a rotator cuff injury, major depression, and anxiety disorder. A.R. 13. At the administrative hearing, Drain testified that she experiences pain in her left shoulder even when she lifts objects with her right hand (the non-injured side):

ALJ: How much can you pick up with your right arm?
Drain: Well, when I use my right arm, my left arm hurts me.... I can't even wash dishes....

A.R. 33-34. She further testified that she can only sit for about 10 minutes at a time, that she can only stand for about 10 minutes at a time, and that she can only walk about a block at a time. A.R. 34. She also testified that she drives herself to her doctors' appointments. A.R. 37.

With regard to her non-physical issues, Drain testified that she had trouble remembering and following directions because "I zone out. I'm - I be in my own world." A.R. 38. She explained that she has problems staying focused, and generally has trouble following a movie. A.R. 39. She testified that she does not like to go out in public, and that she does not like to socialize with others:

ALJ: So, so if you worked in a small setting with coworkers you knew, they ...

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