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TERRELL v. COMMISSIONER OF SOCIAL SECURITY, 12-cv-11781. (2013)

Court: District Court, E.D. Michigan Number: infdco20130911921 Visitors: 3
Filed: Sep. 10, 2013
Latest Update: Sep. 10, 2013
Summary: MEMORANDUM OPINION AND ORDER BERNARD A. FRIEDMAN, Senior District Judge. This matter is before the Court on Magistrate Judge Michael Hluchaniuk's Report and Recommendation ("R&R") dated August 16, 2013 [docket entry 13]. The R&R recommended that the Court grant the Commissioner's motion for summary judgment [docket entry 11] and deny plaintiff's motion for summary judgment [docket entry 8]. Neither plaintiff nor the Commissioner has filed an objection to the R&R pursuant to Fed. R. Civ. P. 72
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MEMORANDUM OPINION AND ORDER

BERNARD A. FRIEDMAN, Senior District Judge.

This matter is before the Court on Magistrate Judge Michael Hluchaniuk's Report and Recommendation ("R&R") dated August 16, 2013 [docket entry 13]. The R&R recommended that the Court grant the Commissioner's motion for summary judgment [docket entry 11] and deny plaintiff's motion for summary judgment [docket entry 8]. Neither plaintiff nor the Commissioner has filed an objection to the R&R pursuant to Fed. R. Civ. P. 72(b)(2).

The Court had an opportunity to fully review this matter and believes that the magistrate judge reached the correct conclusions for the proper reasons. The record supports the magistrate judge's finding that the administrative law judge ("ALJ") accorded the appropriate weight to plaintiff's treating sources as their treatment notes did not contain any medical opinion regarding plaintiff's functional limitations. See e.g. Deau v. Comm'r of Soc. Sec., No. 11-0375, 2012 U.S. Dist. LEXIS 129269, at *13 (W.D. Mich. Jul. 30, 2012) adopted by 2012 U.S. Dist. LEXIS 122515 (W.D. Mich., Aug. 29, 2012). Nor did the ALJ err when he determined that plaintiff could perform a limited range of light work with postural and environmental limitations. Accordingly,

IT IS ORDERED that Magistrate Judge Michael Hluchaniuk's R&R, dated August 16, 2013, is hereby accepted and adopted.

IT IS FURTHER ORDERED that the Commissioner's motion for summary judgment is granted.

IT IS FURTHER ORDERED that plaintiff's motion for summary judgment is denied.

Source:  Leagle

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