Fritz v. Commissioner of Social Security

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

WENDY F.,

Plaintiff, Case No. 2:23-cv-3730 v. JUDGE EDMUND A. SARGUS, JR. Magistrate Judge Elizabeth Preston Deavers COMMISSIONER OF SOCIAL SECURITY,

Defendant.

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 Social Security disability insurance benefits. On December 10, 2024, the Magistrate Judge 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. 14.) Plaintiff timely filed her Objection to the Magistrate Judge’s Report and Recommendation. (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 analyzed the record and concludes that the decision of the Commissioner is supported by substantial evidence and was made under proper legal standards. The issues raised

in Plaintiff’s Objection were considered and correctly addressed by the Magistrate Judge. (See ECF No. 14.) Accordingly, the Court OVERRULES Plaintiff’s Objection (ECF No. 15), OVERRULES Plaintiff’s Statement of Specific Errors (ECF No. 10), ADOPTS the Magistrate Judge’s Report and Recommendation (ECF No. 14), and AFFIRMS the Commissioner’s decision. The Clerk is DIRECTED to enter judgment and terminate this case from the docket. IT IS SO ORDERED. 3/20/2025 s/Edmund A. Sargus, Jr. DATE EDMUND A. SARGUS, JR. UNITED STATES DISTRICT JUDGE