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Justice v. Commissioner of Social Security

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

October 5, 2017

CHER LYNN JUSTICE, Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY, Defendant.

         MEMORANDUM 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

          AVERN COHN UNITED STATES DISTRICT JUDGE.

         I. INTRODUCTION

         This is 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).

         The 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 denying benefits.

         II. BACKGROUND

         A. Procedural History

         As the 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.

         Justice applied for DIB on July 11, 2013 and for SSI on July 25, 2013. She alleged disability as of January 10, 2011.

         When 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 testimony.

         The ALJ issued a written decision denying Justice's claims upon finding that Justice was not disabled.

         The Appeals Council denied Justice's request for review, rendering the decision of the Commissioner final. Justice appeals from that decision.

         B. The ...


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