CIAMPITTI v. ASTRUE
ORDER THAT THE REPORT AND RECOMMENDATION BE APPROVED & ADOPTED; PLFF'S REQUEST FOR REVIEW BE DENIED; & JUDGMENT BE ENTERED IN FAVOR OF THE COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION. SIGNED BY HONORABLE PETRESE B. TUCKER ON 8/28/12. 8/29/12 ENTERED AND COPIES E-MAILED.(kw, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
WILLIAM F. CIAMPITTI, III,
MICHAEL J. ASTRUE,
Commissioner of the
Social Security Administration
CIVIL ACTION NO. 11-5005
AND NOW, this ____ day of August, 2012, after careful and independent review of
the Report and Recommendation1 of Carol Sandra Moore Wells, United States Magistrate Judge, it is
hereby ORDERED as follows:
The Plaintiff’s Request for Review be DENIED; and
The Report and Recommendation be APPROVED and ADOPTED;
Judgment be ENTERED in favor of the Commissioner of the Social Security
This Court is bound by the Commissioner’s findings of fact if they are supported by
substantial evidence in the record. See 42 U.S.C. § 405(g). “Substantial evidence” is defined as “more
than a mere scintilla,” but less than a preponderance, of such “relevant evidence as a reasonable mind
might accept as adequate.” Plummer v. Apfel, 186 F.3d 422, 427 (3d Cir. 1999). In this case, there is
“substantial evidence” to support the Commissioner’s final decision that Plaintiff failed to meet a listed
impairment to be found disabled and that, although Plaintiff could not perform his past relevant work, he
could perform other work in the national economy. Further, Plaintiff has not filed any objections
identifying factual errors in the magistrate’s report or pointing to other evidence which would render the
magistrate’s conclusions, affirming the Commissioner’s decision, unsupported by the record.
Accordingly, and for the reasons stated in the magistrate’s Report and Recommendation, this Court
enters judgment in favor of the Commissioner of the Social Security Administration.
BY THE COURT:
/s/ Petrese B. Tucker
Hon. Petrese B. Tucker, U.S.D.J.
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