United States District Court, E.D. Michigan, Southern Division
EVAN J. HERRON, Plaintiff,
COMMISSIONER OF SOCIAL SECURITY, Defendant.
F. Cox, District Judge
REPORT AND RECOMMENDATION
K. MAJZOUB, UNITED STATES MAGISTRATE JUDGE
Evan J. Herron seeks judicial review under 42 U.S.C. Â§ 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. 13)
and Defendant's Motion for Summary Judgment (docket no.
17). This matter has been referred to the undersigned for
determination of all non-dispositive motions pursuant to 28
U.S.C. Â§ 636(b)(1)(A) and issuance of a Report and
Recommendation pursuant to 28 U.S.C. Â§ 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. 13) be
DENIED, that Defendant's Motion for
Summary Judgment (docket no. 17) be GRANTED,
and that the case be dismissed in its entirety.
applied for Supplemental Security Income (“SSI”)
on August 16, 2016, alleging that he has been disabled since
August 1, 2015. (TR 151-56.) The Social Security
Administration initially denied Plaintiff's claims on
September 28, 2016. (TR 89-92.) On January 8, 2018, Plaintiff
appeared with counsel and testified at a hearing before
Administrative Law Judge (“ALJ”) Dennis M.
Matulewicz. (TR 28-52.)
February 15, 2018, the ALJ issued an unfavorable decision on
Plaintiff's claims. (TR 11-24.) Plaintiff requested
review by the Appeals Council, which was denied on May 23,
2018. (TR 1-3.) On July 11, 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. 13; docket no. 17.)
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. 13, pp.
4-8.) In addition, the ALJ summarized Plaintiff's medical
record (TR 16-23), and Defendant adopted the ALJ's
recitation of the facts (docket no. 17, 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 Recommendation.
ADMINISTRATIVE LAW JUDGE'S DETERMINATION
determined that Plaintiff had not performed substantial
gainful activity since the application date. (TR 16.) In
addition, the ALJ found that Plaintiff had the following
severe impairments: “morbid obesity, major depressive
disorder, left eye blindness (from 2000 gunshot wound),
chronic pain syndrome, mild intermittent asthma, left foot
early arthritic changes, generalized anxiety disorder, and
affective 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 C.F.R. Part
404, Subpart P, Appendix 1. (Id.) The ALJ determined
that Plaintiff had the Residual Functional Capacity
(“RFC”) to perform sedentary work as defined in
20 C.F.R. 404.1567(a), subject to the following
■ Plaintiff can lift up to five pounds frequently and
up to ten pounds occasionally.
■ Plaintiff can sit for six hours of an eight-hour
workday and stand/walk for two hours of an eight-hour
■ Plaintiff cannot climb ladders or scaffolds.
■ Plaintiff can only occasionally stoop, crouch, and
climb ramps or stairs.
■ Plaintiff cannot kneel or crawl.
■ Plaintiff should avoid walking on uneven surfaces.
■ Plaintiff must avoid concentrated exposure to extreme
heat, extreme cold, wetness, humidity, vibrations, fumes,