Opinion
Case. No. 17-cv-12932
05-31-2018
DEBRA GANDY, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendants.
Magistrate Judge Patricia T. Morris ORDER ADOPTING REPORT & RECOMMENDATION , GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT, AND AFFIRMING THE DECISION OF THE COMMISSIONER
On July 29, 2014, Plaintiff filed the instant applications for Supplemental Security Income benefits (SSI) and Disability Insurance Benefits (DIB), alleging a disability onset date of July 10, 2013, later amended to September 1, 2014. (Tr. 201-07). The Commissioner denied her claims. (Tr. 94-125). Plaintiff then requested a hearing before an Administrative Law Judge (ALJ), which occurred on April 6, 2016 before ALJ Henry Perez, Jr. (Tr. 73-93). The ALJ issued a decision on June 1, 2016, finding Plaintiff not disabled. (Tr. 14-33). On July 21, 2017, the Appeals Council denied review, (Tr. 1-9), and Plaintiff filed for judicial review of that final decision on September 7, 2017. (Doc. 1). The matter was referred to Magistrate Judge Patricia T. Morris. ECF No. 4. The parties filed cross motions for summary judgment. ECF Nos. 15, 18.
On May 1, 2018, Judge Morris issued her report finding that the Commissioner's decision that Plaintiff is not disabled was supported by substantial evidence. ECF No. 19. Judge Morris recommended that the Court grant Defendant's motion for summary judgment, deny Plaintiff's motion for summary judgment, and affirm the decision of the Commissioner.
Although the magistrate judge's report explicitly states that the parties to this action could object to and seek review of the recommendation within fourteen days of service of the report, neither party has filed any objections. The election not to file objections to the magistrate judge's report releases the Court from its duty to independently review the record. Thomas v. Arn, 474 U.S. 140, 149 (1985). The failure to file objections to the report and recommendation waives any further right to appeal.
Accordingly, it is ORDERED that the magistrate judge's report and recommendation, ECF No. 19, is ADOPTED.
It is further ORDERED that Plaintiff's Motion for Summary Judgment, ECF No. 15, is DENIED.
It is further ORDERED that Defendant's Motion for Summary Judgment, ECF No. 18, is GRANTED
It is further ORDERED that the findings of the Commissioner are AFFIRMED.
It is further ORDERED that this case is DISMISSED.
s/Thomas L. Ludington
THOMAS L. LUDINGTON
United States District Judge Dated: May 31, 2018
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 May 31, 2018.
s/Kelly Winslow
KELLY WINSLOW, Case Manager