Fleshman v. Commissioner of Social Security

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

MICHAELA F.,

Plaintiff, :

Case No. 2:22-cv-1699 v. Judge Sarah D. Morrison

Magistrate Judge Stephanie K.

Bowman COMMISSIONER OF SOCIAL SECURITY, :

Defendant.

OPINION AND ORDER Plaintiff brings this action under 42 U.S.C. § 405(g) for review of a final decision of the Commissioner of Social Security (“Commissioner”) denying her application for Supplemental Security Income benefits. (ECF No. 5.) Plaintiff filed her Statement of Errors on July 1, 2022. (ECF No. 9.) The Commissioner filed a Response in Opposition. (ECF No. 11.) Plaintiff did not reply. On February 9, 2023, Magistrate Judge Bowman issued a Report and Recommendation, recommending that the Court overrule Plaintiff’s Statement of Errors and affirm the Commissioner’s denial of benefits. (ECF No. 12.) Plaintiff timely filed her Objection to the Magistrate Judge’s Report and Recommendation. (ECF No. 13.) The Commissioner responded. (ECF No. 15.) If a party objects within the allotted time to a report and recommendation, the Court “shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.” 28 U.S.C. § 636(b)(1); see also Fed. R. Civ. P. 72(b). Upon review, the Court “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). The Court’s review “is limited to

determining whether the Commissioner’s decision ‘is supported by substantial evidence and was made pursuant to proper legal standards.’” Ealy v. Comm’r of Soc. Sec., 594 F.3d 504, 512 (6th Cir. 2010) (quoting Rogers v. Comm’r of Soc. Sec., 486 F.3d 234, 241 (6th Cir. 2007)); see also 42 U.S.C. § 405(g) (“The findings of the Commissioner of Social Security as to any fact, if supported by substantial evidence, shall be conclusive . . . .”). The Court has carefully reviewed the record and concludes that the decision

of the Commissioner is supported by substantial evidence and was made pursuant to proper legal standards. The issue raised in Plaintiff’s Objection was considered and correctly addressed by Magistrate Judge Bowman. Accordingly, the Court OVERRULES Plaintiff’s Objection (ECF No. 13), ADOPTS the Magistrate Judge’s Report and Recommendation (ECF No. 12), and AFFIRMS the Commissioner’s decision. The Clerk is DIRECTED to

TERMINATE this case from the docket.

IT IS SO ORDERED.

/s/ Sarah D. Morrison SARAH D. MORRISON UNITED STATES DISTRICT JUDGE