LEARY v. ASTRUE

Filing 14

ORDER THAT THE REPORT AND RECOMMENDATION BE APPROVED AND ADOPTED; THE PLAINTIFF'S REQUEST FOR REVIEW BE DENIED; AND JUDGMENT BE ENTERED IN FAVOR OF THE COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION. SIGNED BY CHIEF JUDGE PETRESE B. TUCKER ON 6/6/13. 6/10/13 ENTERED & E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CLARK LEARY,
Plaintiff,
v.
MICHAEL J. ASTRUE,
Commissioner of the
Social Security Administration
Defendant.

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CIVIL ACTION NO. 11-6980

ORDER
AND NOW, this ____ day of June, 2013, after careful and independent review of the
Report and Recommendation of Thomas J. Rueter, United States Magistrate Judge, it is hereby
ORDERED as follows:
1.

The Report and Recommendation be APPROVED and ADOPTED;

2.

The Plaintiff’s Request for Review be DENIED; and

3.

Judgment be ENTERED in favor of the Commissioner of the Social Security
Administration.1

1

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.

1

BY THE COURT:
/s/ Petrese B. Tucker
________________________________
Hon. Petrese B. Tucker, C.J.

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