Opinion
CASE NO. 5:18CV0283
11-30-2018
CHARLENE GERMANY o/b/o K.G., Plaintiff, v. NANCY A. BERRYHILL, ACTING COMMISSIONER OF SOCIAL SECURITY, Defendant.
JUDGE BENITA Y. PEARSON MEMORANDUM OF OPINION AND ORDER
An Administrative Law Judge ("ALJ") denied Plaintiff Charlene Germany's application for supplemental security income ("SSI") on behalf of her minor child, K.G., after a hearing in the above-captioned case. That decision became the final determination of the Commissioner of Social Security when the Appeals Council denied the request to review the ALJ's decision. The claimant sought judicial review of the Commissioner's decision, and the Court referred the case to Magistrate Judge Thomas M. Parker for preparation of a report and recommendation pursuant to 28 U.S.C. § 636 and Local Rule 72.2(b)(1). On November 6, 2018, the magistrate judge submitted a Report & Recommendation (ECF No. 12) recommending that the Court affirm the Commissioner's decision as supported by substantial evidence and made pursuant to proper legal standards. Specifically, the magistrate judge found the ALJ applied proper legal procedures in weighing Phani Nimmagadda, M.D.'s (medical expert) and Sandra Grabowski's (teacher) opinions. ECF No. 12 at PageID #: 598-99. The magistrate judge also found the ALJ applied proper legal procedures and reached a decision supported by substantial evidence in determining that (1) K.G.'s speech and language developmental delay did not cause a severe impairment, ECF No. 12 at PageID #: 602, and (2) the combined effect of K.G.'s impairments, including his speech and language deficits, did not functionally equal the listings, ECF No. 12 at PageID #: 602-603.
Fed. R. Civ. P. 72(b)(2) provides that objections to a report and recommendation must be filed within 14 days after service. Objections to the magistrate judge's Report were, therefore, due on November 20, 2018. Neither party has filed objections, evidencing satisfaction with the magistrate judge's recommendations. Any further review by this Court would be a duplicative and inefficient use of the Court's limited resources. Thomas v . Arn, 728 F.2d 813 (6th Cir. 1984), aff'd , 474 U.S. 140 (1985); Howard v . Secretary of Health and Human Services, 932 F.2d 505 (6th Cir. 1991); United States v . Walters, 638 F.2d 947, 949-50 (6th Cir. 1981).
Accordingly, the Report & Recommendation of the magistrate judge is hereby adopted. The decision of the Commissioner of Social Security is affirmed. Judgment will be entered in favor of Defendant.
IT IS SO ORDERED. November 30, 2018
Date
/s/ Benita Y . Pearson
Benita Y. Pearson
United States District Judge