Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Sims v. Commissioner of Social Security

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

June 22, 2017

KIM MARIE SIMS, Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY, Defendant.

          DECISION AFFIRMING DENIAL OF BENEFITS I. INTRODUCTION

          AVERN COHN UNITED STATES DISTRICT JUDGE

         This is a Social Security case. Plaintiff Kim Sims (Sims) appeals a decision of the Commissioner of Social Security (Commissioner) denying her application for disability insurance benefits. Sims asserts physical impairments of multiple sclerosis (MS) and degenerative disc disease with radicular symptoms.

         Sims is suing under 42 U.S.C. § 405(g) seeking reversal of the Commissioner's decision. Sims filed a motion for summary judgment, (Doc. 16). The Commissioner filed a cross motion for summary judgment, (Doc. 19). The motions were referred to a magistrate judge who reported and recommended, (Doc. 20), that the Court deny Sims's motion, grant the Commissioner's motion, and affirm the denial of benefits. Sims objected, (Doc. 21), and the Commissioner responded, (Doc. 22).

         The Court has considered the report and recommendation (R&R) and Sims's objections, and conducted a de novo review of the record regarding the objections. The Court agrees with the magistrate judge's conclusions and reasoning.

         II. DISPOSITION

         Sims's objections to the R&R, (Doc. 21), are OVERRULED, the R&R, (Doc. 20), is ADOPTED, Sims's motion for summary judgment, (Doc. 16), is DENIED, the Commissioner's motion for summary judgment, (Doc. 19), is GRANTED, and the agency's denial of benefits is AFFIRMED.

         III. FACTS AND PROCEDURAL HISTORY

         Sims does not object to the R&R's recitation of the facts and procedural history. (Docs. 20, 21). The Court incorporates the report as its findings and conclusions. (See Doc. 20).

         IV. PENDING MOTIONS

         Sims seeks review of the agency's determination of her residual functional capacity (RFC) to perform sedentary work with restrictions. Sims challenges the Administrative Law Judge (ALJ)'s decision not to accord significant weight to the opinion of Dr. Martin Belkin, her treating neurologist of 10 years, as to her functional limitations.

         Sims says the ALJ (1) wrongly inferred from Dr. Belkin's treatment notes that her symptoms of fatigue and pain were minor because they were managed by medication “as needed, ” (2) incorrectly construed Dr. Belkin's notations that her MS was clinically “stable” to mean it was not debilitating, and (3) failed to consider factors supporting Dr. Belkin's functional assessment such as length of treatment and his specialization.

         V. STANDARD OF REVIEW

         A. R&R Objections

         The Court must review de novo parts of an R&R to which a party objects. 28 U.S.C. § 636(b)(1). The Court “may accept, reject, or modify, in whole or in part, the findings or ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.