United States District Court, E.D. Michigan, Southern Division
JOHN E. GRADY, Plaintiff,
COMMISSIONER OF SOCIAL SECURITY, Defendant.
Gershwin A. Drain District Judge.
REPORT AND RECOMMENDATION
K. MAJZOUB UNITED STATES MAGISTRATE JUDGE.
John E. Grady seeks judicial review under 42 U.S.C. §
405(g) of Defendant Commissioner of Social Security's
determination that he is not entitled to benefits under the
Social Security Act. (Docket no. 1.) Before the Court are
Plaintiff's Motion for Summary Judgment (docket no. 11)
and Defendant's Motion for Summary Judgment (docket no.
14). This matter has been referred to the undersigned for
determination of all non-dispositive motions pursuant to 28
U.S.C. § 636(b)(1)(A) and issuance of a Report and
Recommendation pursuant to 28 U.S.C. § 636(b)(1)(B) and
(C). (Docket no. 3.) Having reviewed the pleadings, the Court
dispenses with a hearing pursuant to Eastern District of
Michigan Local Rule 7.1(f)(2) and issues this Report and
reasons that follow, it is recommended that Plaintiff's
Motion for Summary Judgment (docket no. 11) be
DENIED, that Defendant's Motion for
Summary Judgment (docket no. 14) be GRANTED,
and that the case be dismissed in its entirety.
applied for Supplemental Security Income (“SSI”)
and Disability Insurance Benefits (“DIB”) on July
10, 2015, alleging that he has been disabled since September
30, 2014. (TR 205-214.) The Social Security Administration
initially denied Plaintiff's claims on November 16, 2015.
(TR 100-133.) On June 8, 2017, Plaintiff appeared with
counsel and testified at a hearing before Administrative Law
Judge (“ALJ”) James Kent. (TR 34-51.)
September 25, 2017, the ALJ issued an unfavorable decision on
Plaintiff's claims. (TR 15-31.) Plaintiff requested
review by the Appeals Council, which was denied on March 14,
2018. (TR 1-3.) On May 2, 2018, Plaintiff commenced this
action for judicial review. (Docket no. 1.) The parties filed
cross motions for summary judgment, which are currently
before the Court. (Docket no. 11; docket no. 14.)
HEARING TESTIMONY AND MEDICAL EVIDENCE
sets forth a brief procedural history of this matter as well
as a short summary of his medical issues. (Docket no. 11, pp.
4-10.) In addition, the ALJ summarized Plaintiff's
medical record (TR 13-20), and Defendant adopted the
ALJ's recitation of the facts (docket no. 14, p. 4).
Having conducted an independent review of Plaintiff's
medical record and the hearing transcript, the undersigned
finds that there are no material inconsistencies among these
recitations of the record. Therefore, in lieu of
re-summarizing this information, the undersigned will
incorporate the above-cited factual recitations by reference
and will also refer to the record as necessary to address the
parties' arguments throughout this Report and
ADMINISTRATIVE LAW JUDGE'S DETERMINATION
determined that Plaintiff met the insured status requirements
of the Social Security Act through September 30, 2017. (TR
13.) The ALJ found that Plaintiff engaged in substantial
gainful activity between October and December of 2015, but
that there had been a continuous twelve-month period during
which Plaintiff did not engage in substantial gainful
activity. (Id.) In addition, the ALJ found that
Plaintiff had the following severe impairments:
“Hepatitis C, status post traumatic right lower
extremity injuries, anxiety, panic disorder, adjustment
disorder with depressed mood, cannabis use disorder, and
opiate use disorder.” (Id.) Nevertheless, the
ALJ concluded that Plaintiff did not have an impairment or
combination of impairments that met or medically equaled the
severity of one of the listed impairments in 20 CFR Part 404,
Subpart P, Appendix 1. (TR 14.) The ALJ determined that
Plaintiff had the Residual Functional Capacity
(“RFC”) to perform light work as defined in 20
CFR 404.1567(b), subject to the following non-exertional
▪ Plaintiff can never climb ladders, ropes, or
▪ Plaintiff can occasionally balance, kneel, stoop,
crouch, crawl, and climb ramps and stairs.
▪ Plaintiff can occasionally push, pull and operate
foot controls with his right lower extremity.
▪ Plaintiff must avoid concentrated exposure to extreme
cold and vibration.
▪ Plaintiff must avoid all exposure to hazards, such as
unprotected heights ...