United States District Court, E.D. Michigan, Southern Division
SANDRA L. SCHLACHT, Plaintiff,
COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, Defendant.
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND
RECOMMENDATION AND GRANTING DEFENDANT'S MOTION FOR
SUMMARY JUDGMENT (ECF No. 15)
Cohn, U.S. District Judge.
a Social Security case. Plaintiff Sandra L. Schlacht has
appealed Commissioner of Social Security's denial of her
claim for benefits under the Social Security Act. The case
was referred to a magistrate judge (“MJ”). Both
parties submitted motions for summary judgment. After
reviewing the motions, briefs, and the ALJ decision, the
magistrate judge issued a report and recommendation
(“MJRR”) recommending that the Commissioner's
motion for summary judgment be granted and Schlacht's
motion for summary judgment be denied. Plaintiff has filed
objections to the MJRR and Defendant has filed a response.
reasons that follow, the Court overrules Schlacht's
objections, and adopts the MJRR, denies Schlacht's motion
for summary judgment, and grants the Commissioner's
motion for summary judgment.
Schlacht's application for Disability Insurance Benefits
was denied, she timely requested an administrative hearing.
After the hearing, the ALJ issued a written decision finding
that Schlacht is not disabled under the Act. The Appeals
Council denied review. Schlacht then commenced this action
for district court review. Subsequently, Schlacht filed
timely objections to the MJ's recommendation which are
now before the court. (ECF No. 15).
ALJ Findings and Medical Evidence
MJRR summarized the ALJ's decision denying benefits:
Schlacht, born December 18, 1967, was 46 years old on March
31, 2014, the date last insured. She has past relevant work
as a child care worker and an office manager. She claims her
ability to work is limited by fibromyalgia, chronic psoriatic
arthritis, irritable bowel syndrome, chronic recurrent acute
sinusitis, psoriasis, benign essential hypertension,
migraines, and anxiety. At the hearing, she testified that
after doing any of sort of activity, even for a short period
of time, she would have to rest because her back and knees
would bother her.
applied the five-step disability analysis and found:
. At step one, that Schlacht had not engaged
in substantial gainful activity since January 22, 2014, the
alleged onset date.
. At step two, the ALJ found that
Schlacht's psoriasis; myalgias/fibromyalgia; irritable
bowel syndrome; obesity; depression; and anxiety were
“severe” within the meaning of the second
. However, at step three, the ALJ found no
evidence that plaintiffs impairments singly or in combination
met or medically equaled one of the ...