United States District Court, E.D. Michigan, Southern Division
Patricia T. Morris, U.S. Magistrate Judge.
ORDER ADOPTING IN PART REPORT & RECOMMENDATION
; OVERRULING PLAINTIFF'S OBJECTIONS ; GRANTING
DEFENDANT'S MOTION FOR SUMMARY JUDGMENT ; DENYING
PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT 
J. Tarnow, Senior United States District Judge.
Kelly O'Leary-Bell seeks judicial review of the decision
of an Administrative Law Judge (“ALJ”) denying
her application for disability benefits. Plaintiff filed a
Motion for Summary Judgment  on May 30, 2017. Defendant
filed a Motion for Summary Judgment  on June 15, 2017. On
August 23, 2017, the Magistrate Judge issued a Report and
Recommendation  (“R&R”) recommending that
the Court grant Defendant's Motion and deny
Plaintiff's Motion. Plaintiff filed Objections to the
R&R  on September 6, 2017. Defendant filed its
Response  on September 19, 2017.
reasons stated below, the Court ADOPTS in
part the R&R . Plaintiff's Objections to
the R&R  are OVERRULED.
Defendant's Motion for Summary Judgment  is
GRANTED. Plaintiff's Motion for Summary
Judgment  is DENIED.
Magistrate Judge summarized the record as follows:
On September 24, 2013, O'Leary-Bell filed applications
for DIB, alleging a disability onset date of May 24, 2012.
(Tr. 132-45). The Commissioner denied her claim. (Tr. 70-84).
O'Leary-Bell then requested a hearing before an
Administrative Law Judge (“ALJ”), which occurred
on July 16, 2015 before ALJ JoErin O'Leary. (Tr. 32-69).
The ALJ's written decision, issued September 24, 2015,
found O'Leary-Bell not disabled. (Tr. 15-31). On
September 15, 2016, the Appeals Council denied review, (Tr.
1-7), and O'Leary-Bell filed for judicial review of that
final decision on October 31, 2016. (Doc. 1) . . . .
D. ALJ Findings
Following the five-step sequential analysis, the ALJ found
O'Leary-Bell not disabled under the Act. (Tr. 18-27). At
Step One, the ALJ found that O'Leary-Bell last met the
insured status requirements through December 31, 2017, and
had not engaged in substantial gainful activity since May 24,
2012, her application date. (Tr. 20). At Step Two, the ALJ
concluded that the following impairments qualified as severe:
affective disorders, anxiety disorders, degenerative disc
disorder, and obesity. (Id.). The ALJ also
decided, however, that none of these met or medically equaled
a listed impairment at Step Three. (Tr. 21-22)
(emphasis added). Thereafter, the ALJ found that
O'Leary-Bell had the residual functional capacity
(“RFC”) to perform light work, except . . . .
At Step Four, the ALJ found O'Leary-Bell incapable of
performing her past relevant work. (Tr. 26). But proceeding
to Step Five, the ALJ determined that there are jobs that
exist in significant numbers in the national economy that
O'Leary-Bell can perform. (Tr. 26-27).
E. Administrative Record . . . .
2. Application Reports and Administrative
i. Function Report
O'Leary-Bell filled out a Function Report on October 14,
2013, which appears in the administrative record. (Tr.
190-202). Describing her conditions, she notes “[m]y
illness makes it impossible for me to work. I have issues
with [visibility], dizziness, drowsiness, and I have no
control over my emotions. I cry all the time.” (Tr.
190). In a typical day, “I try to do the babies. I rest
a lot and I have my . . . son to take care of.” (Tr.
191). As a result of her conditions, she could only sleep for
approximately four hours. (Id.). They do not affect
her ability to attend to personal care (e.g.,
dressing, bathing, shaving, using the toilet, etc.).
Medication reduced her appetite, and she would
“[u]sually eat sandwiches” on a
“daily” basis. (Tr. 192). She accomplished
“basic household chores” twice per week, though
she required reminders. (Id.). To get around, she
rode in a car, but she also specified that “I do not go
outside. I do not want to see people.” (Tr. 193). Nor
did she “like being alone” because she was
“too anxious.” (Id.). She drove only
when necessary. (Id.). She sometimes shopped online
for thirty- to sixty-minute increments. (Id.).
Despite her limitations, she retained the capacity to pay
bills, count change, handle a savings account, and use a
checkbook/money orders. (Id.).
Before her onset date, “I used to exercise. Now I watch
TV and help my son with homework” every other day. (Tr.
194). “I can't walk or exercise due to dizziness
and always being tired.” (Id.). She regularly
attended doctor's appointments, but otherwise remained
alone at home. (Id.). “I do not go
anywhere.” (Tr. 195). Prompted to mark abilities with
which she encountered difficulty, she marked only lifting.
(Id.). She could walk for a mile before needing a
minute's rest, but she had “difficulty
focusing” and followed verbal instructions better than
written instructions. (Id.). She handled neither
stress nor changes in routine well. (Tr. 196). In her closing
remarks, she provided: “I did not intend to be filing
for [Social Security]. I only had a few years left and I
could have returned. Instead I decided to leave my career ...