United States District Court District of Minnesota
CASE 0:10-cv-03069-MJD-LIB Document 37 Filed 12/05/11 Page 1 of 33 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA PATRICIA D. PHILLIPS, Civ. No. 10-3069 (MJD/LIB) Plaintiff, v. REPORT AND RECOMMENDATION MICHAEL J. ASTRUE, Commissioner of the Social Security Administration, Defendant. I. INTRODUCTION Plaintiff Patricia D. Phillips (“Phillips”) seeks judicial review, pursuant to 42 U.S.C. '' 405(g) and 1383(c)(3), of the final decision of the Commissioner of Social Security (“Commissioner”) denying her applications for disability insurance benefits (DIB) and supplemental security income (SSI). The parties have filed cross-motions for summary judgment, which have been referred to the undersigned for a Report and Recommendation under 28 U.S.C. ' 636 and Local Rule 72.1. For the reasons set forth below, this Court recommends that Phillips’ motion for summary judgment (Doc. No. 29) be DENIED, and the Commissioner’s motion for summary judgment (Doc. No. 35) be GRANTED. 1 CASE 0:10-cv-03069-MJD-LIB Document 37 Filed 12/05/11 Page 2 of 33 I. PROCEDURAL HISTORY Phillips filed applications for DIB and SSI on September 12, 2006, alleging that she became disabled on November 30, 2004. (T. 90-101 ).1 She meets the insured status requirements through December 31, 2011. (T. 11). Phillips’ applications were denied initially on February 21, 2007, and upon reconsideration on July 30, 2007. (T. 53-57, 62-67). Phillips requested a hearing before an administrative law judge (“ALJ”), and the hearing was held before ALJ David Gatto on June 18, 2008.
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