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Kaiser v. Comm'r of Soc. Sec.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION
Jul 20, 2017
Case No. 2:16-cv-11997 (E.D. Mich. Jul. 20, 2017)

Opinion

Case No. 2:16-cv-11997

07-20-2017

DEBORAH M. KAISER, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.


OPINION AND ORDER DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (DE 10) , GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (DE 11) AND AFFIRMING THE DECISION OF THE COMMISSIONER OF SOCIAL SECURITY

Plaintiff, Deborah M. Kaiser, brings this action under 42 U.S.C. §§ 405(g) and 1383(c)(3) for review of a final decision of the Commissioner of Social Security ("Commissioner") denying her applications for disability insurance (DI) and supplemental security income (SSI) benefits. Currently before the Court is Plaintiff's motion for summary judgment (DE 10), the Commissioner's cross-motion for summary judgment (DE 11), Plaintiff's reply (DE 12), and the administrative record (DE 7).

The parties have consented to my authority. (DE 15.) A hearing was held on July 19, 2017, at which Plaintiff's counsel (Joshua T. McFarland) appeared in person and Defendant's counsel (AUSA Michael L. Henry) appeared by telephone.

For the reasons stated on the record, all of which are hereby incorporated by this reference as though fully restated herein, the Court concludes that the ALJ unerringly applied the correct legal standards in reaching her decision and that substantial evidence in the record supports her findings. In sum, the ALJ did not err in her consideration of the opinion evidence, function report(s), medication side effects or past relevant work, and Plaintiff's Residual Functional Capacity is supported by substantial evidence. Accordingly, Plaintiff's motion is DENIED (DE 10), Defendant's motion is GRANTED (DE 11), and the decision of the Commissioner of Social Security is AFFIRMED.

IT IS SO ORDERED. Dated: July 20, 2017

s/Anthony P. Patti

Anthony P. Patti

UNITED STATES MAGISTRATE JUDGE

Certificate of Service

I hereby certify that a copy of the foregoing document was sent to parties of record on July 20, 2017, electronically and/or by U.S. Mail.

s/Michael Williams

Case Manager for the

Honorable Anthony P. Patti


Summaries of

Kaiser v. Comm'r of Soc. Sec.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION
Jul 20, 2017
Case No. 2:16-cv-11997 (E.D. Mich. Jul. 20, 2017)
Case details for

Kaiser v. Comm'r of Soc. Sec.

Case Details

Full title:DEBORAH M. KAISER, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY…

Court:UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

Date published: Jul 20, 2017

Citations

Case No. 2:16-cv-11997 (E.D. Mich. Jul. 20, 2017)