Austin v. Commissioner of Social Security
Austin v. Commissioner of Social Security
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION
ADRIENNE A.,
Plaintiff, :
Case No. 2:23-cv-1928 v. Judge Sarah D. Morrison
Magistrate Judge Elizabeth P.
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. (ECF No. 6.) Plaintiff filed her Statement of Errors on October 16, 2023. (ECF No. 9.) On May 16, 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. 13.) Plaintiff timely filed her Objection to the Magistrate Judge’s Report and Recommendation. (ECF No. 14.) 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 issues raised in Plaintiff’s Objection were considered and correctly addressed by the Magistrate Judge. Accordingly, the Court OVERRULES Plaintiff’s Objection (ECF No. 14), ADOPTS the Magistrate Judge’s Report and Recommendation (ECF No. 13), and AFFIRMS the Commissioner’s decision. The Clerk is DIRECTED to TERMINATE this case from the docket records of the United States District Court
for the Southern District of Ohio, Eastern Division.
IT IS SO ORDERED.
/s/ Sarah D. Morrison SARAH D. MORRISON UNITED STATES DISTRICT JUDGE
Reference
- Status
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