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Schlacht v. Commissioner of Social Security Administration

United States District Court, E.D. Michigan, Southern Division

October 25, 2019

SANDRA L. SCHLACHT, Plaintiff,
v.
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)

          Avern Cohn, U.S. District Judge.

         I. INTRODUCTION

         This is 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.

         For the 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.

         II. BACKGROUND

         A. Procedural History

         After 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).

         B. ALJ Findings and Medical Evidence

         The 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.

         The ALJ 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 sequential step.
. However, at step three, the ALJ found no evidence that plaintiffs impairments singly or in combination met or medically equaled one of the ...

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