Summary
finding that a restriction to unskilled work may sufficiently account for moderate limitations to concentration, persistence, and pace where "there is no evidence of disabling mental impairments"
Summary of this case from Wentz v. ColvinOpinion
CIVIL NO.: 12-12018
05-28-2013
MIKE H. SAMPLE, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
HON. LAWRENCE P. ZATKOFF
OPINION AND ORDER ADOPTING
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
This matter is before the Court on the parties' cross-motions for summary judgment with respect to Plaintiff's application for Social Security disability insurance benefits. The Court is also in receipt of Magistrate Judge Charles E. Binder's Report and Recommendation, wherein the Magistrate Judge recommends that Defendant's Motion for Summary Judgment be granted and Plaintiff's Motion for Summary Judgment be denied. Plaintiff filed objections to the Report and Recommendation and Defendant filed a response to Plaintiff's objections.
After a thorough review of the court file and the Report and Recommendation, including Plaintiff's objections and Defendant's response to such objections, this Court will adopt the Report and Recommendation and enter it as the findings and conclusions of this Court. Accordingly, Defendant's Motion for Summary Judgment is GRANTED and Plaintiff's Motion for Summary Judgment is DENIED. Judgment shall be entered accordingly.
IT IS SO ORDERED.
__________________________
LAWRENCE P. ZATKOFF
UNITED STATES DISTRICT JUDGE