United States District Court, E.D. Michigan, Southern Division
AND ORDER ADOPTING REPORT AND RECOMMENDATION (Doc. 22),
OVERRULING PLAINTIFF'S OBJECTIONS (Doc. 23), DENYING
PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (Doc. 15),
GRANTING THE COMMISSIONER'S MOTION FOR SUMMARY JUDGMENT
(Doc. 20), AFFIRMING THE ALJ'S DECISION DENYING BENEFITS
AND DISMISSING CASE
COHN UNITED STATES DISTRICT JUDGE.
a Social Security case. Plaintiff Cher Lynn Justice (Justice)
appeals the final decision of the Commissioner of Social
Security (Commissioner) denying her application for
Disability Insurance Benefits (DIB) and Supplemental Security
Income (SSI). Justice claims that she has been disabled since
January 10, 2011 due to fibromyalgia, uveitis, and anxiety
resulting from Post Traumatic Stress Disorder (PTSD).
parties filed cross motions for summary judgment. The motions
were referred to a magistrate judge (MJ) for a report and
recommendation (MJRR). After the MJRR recommended that
Justice's motion be denied and the Commissioner's
motion be granted, Justice filed timely objections. For the
reasons that follow, the Court overrules Justice's
objections, adopts the MJRR, denies Justice's motion for
summary judgment, grants the Commissioner's motion, and
affirms the administrative law judge's (ALJ) decision
parties have not objected to the MJ's recitation of the
procedural history and administrative record, the Court
adopts that portion of the MJRR as if fully set forth herein.
A brief history of the procedural posture follows.
applied for DIB on July 11, 2013 and for SSI on July 25,
2013. She alleged disability as of January 10, 2011.
the Commissioner denied these claims, Justice requested a
hearing. On December 16, 2014, Justice appeared with counsel
before an ALJ. At the hearing, Justice testified on her own
behalf. In addition, a vocational expert (VE) offered
issued a written decision denying Justice's claims upon
finding that Justice was not disabled.
Appeals Council denied Justice's request for review,
rendering the decision of the Commissioner final. Justice
appeals from that decision.