United States District Court, E.D. Michigan, Southern Division
Gershwin A. Drain United States District Court Judge
OPINION AND ORDER OVERRULING PLAINTIFF'S
OBJECTION [#14], ACCEPTING AND ADOPTING REPORT AND
RECOMMENDATION [#13], GRANTING DEFENDANT'S MOTION FOR
SUMMARY JUDGMENT [#12], AND DENYING PLAINTIFF'S MOTION
FOR SUMMARY JUDGMENT [#11]
Hon.
Gershwin A. Drain United States District Court Judge
I.
Introduction
This
matter is before the Court on Plaintiff and Defendant's
Cross-Motions for Summary Judgment. The Court referred this
matter to Magistrate Judge Stephanie Dawkins Davis, who
issued a Report and Recommendation on June 25, 2019 Granting
Defendant's Motion and Denying Plaintiff's Motion.
Dkt. No. 13. Plaintiff has filed a timely Objection to that
Report and Recommendation. Dkt. No. 14.
Present
before the Court is Plaintiff's Objection to Magistrate
Judge Davis' Report and Recommendation. For the reasons
set forth below, the Court will OVERRULE Plaintiff's
Objection [#14], ACCEPT and ADOPT the Report and
Recommendation [#13], GRANT Defendant's Motion for
Summary Judgment [#12], and DENY Plaintiff's Motion for
Summary Judgment [#11].
II.
Background
Magistrate
Judge Davis' Report and Recommendation sets forth the
relevant background in this case. The Court will adopt those
findings here:
Humphries filed an application for a period of disability,
disability insurance benefits, and supplemental security
income on November 10, 2014, alleging disability beginning on
April 1, 2007. The claims were initially disapproved by the
Commissioner on February 19, 2016. Humphries requested a
hearing and on June 27, 2017, he appeared with counsel before
Administrative Law Judge (“ALJ”) J. William
Callahan, who considered the case de novo. In a
decision dated November 20, 2017, the ALJ found that
plaintiff was not disabled. The ALJ's decision became the
final decision of the Commissioner when the Appeals Council,
on May 31, 2018, denied plaintiff's request for review.
Dkt. No. 13, p. 2 (Pg. ID 775) (internal citations omitted).
Magistrate
Judge Davis then went on to summarize the ALJ's findings
as follows:
Humphries, born July 7, 1982, was 24 years old on the alleged
disability onset date. His date last insured is December 31,
2007. He attended school through 11th grade and has past
relevant work as a machine feeder, groundskeeper, child
monitor/babysitter, and odd job worker. Humphries was injured
in a car accident in April 2006, which resulted in hip
replacement surgery. He was involved in a second car accident
in 2009.
The ALJ applied the five-step disability analysis and found
at step one that Humphries had not engaged in substantial
gainful activity since April 1, 2007, the alleged onset date.
At step two, the ALJ found that Humphries' left
acetabular fracture status post open reduction internal
fixation, history of L5 plexopathy, morbid obesity, history
of traumatic brain injury with loss of consciousness,
diabetes mellitus type II, and generalized anxiety disorder
were “severe” within the meaning of the second
sequential step. However, at step three, the ALJ found no
evidence that plaintiff's impairments singly or in
combination met or medically equaled one of the listings in
the regulations.
Thereafter,
the ALJ assessed plaintiff's residual functional capacity
(“RFC”) as follows:
After careful consideration of the entire record, the
undersigned finds that the claimant has the residual
functional capacity to perform sedentary work as defined in
20 CFR 404.1567(a) and 416.967(a) except maximum lifting and
carrying of 5 pounds in one hand; maximum standing of 15
minutes at a time; not able to climb ladders, ropes, or
scaffolds; not able to climb ramps or stairs; only
occasionally able to balance or stoop; not capable of
kneeling or crawling; only incidentally being able to crouch,
meaning one time per hour for one minute; no manipulative,
visual or communication limitations; must avoid and cannot be
exposed to hazards such as unprotected heights, fast moving,
sharp surfaces or objects or fast moving, heavy machinery;
capable of occasional driving; he is limited to unskilled
work with ...