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finding evidence considered by the ALJ at the RFC stage can support the ALJ's listing analysis at step three
Summary of this case from Willette v. Comm'r of Soc. Sec.Opinion
Case Number 12-10400
06-26-2013
MARK BENSON, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
Honorable Thomas L. Ludington
ORDER ADOPTING REPORT AND RECOMMENDATION
AND GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
This matter is before the Court on the report and recommendation (ECF No. 20) issued by Magistrate Judge Mona K. Majzoub on June 10, 2013, on the motions for summary judgment (ECF Nos. 12, 18) filed by Plaintiff and Defendant. Judge Majzoub recommends that the Court grant Defendant's motion, deny Plaintiff's motion, and the case be dismissed.
Any party may serve and file written objections "[w]ithin fourteen days after being served with a copy" of the report and recommendations. 28 U.S.C. § 636(b)(1). The district court will make a "de novo determination of those portions of the report . . . to which objection is made." Id. The Court is not obligated to review the portions of the report to which no objection was made. Thomas v. Arn, 474 U.S. 140, 149-52 (1985). As of today's date, no party has filed any objections to Judge Binder's report and recommendation.
Accordingly, it is ORDERED that Judge Majzoub's report and recommendation (ECF No. 20) is ADOPTED.
It is further ORDERED that Plaintiff's motion for summary judgment (ECF No. 12) is DENIED.
It is further ORDERED that Defendant's motion for summary judgment (ECF No. 18) is GRANTED.
It is further ORDERED that the decision of the Commissioner is AFFIRMED.
It is further ORDERED that the complaint is DISMISSED.
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THOMAS L. LUDINGTON
United States District Judge
PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first class U.S. mail on June 26, 2013.
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TRACY A. JACOBS