BUNNER v. COLVIN

Filing 21

ORDER THAT THE PLAINTIFF'S OBJECTIONS ARE OVERRULED; THE REPORT AND RECOMMENDATION IS APPROVED ADOPTED; THE DECISION OF THE COMMISSIONER OF SOCIAL SECURITY IS AFFIRMED. SIGNED BY CHIEF JUDGE LAWRENCE F. STENGEL ON 10/26/17. 10/26/17 ENTERED AND COPIES E-MAILED.(ti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MARK BUNNER, JR.,
Plaintiff
vs.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security
Defendant

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CIVIL ACTION

NO. 14-6664

ORDER
AND NOW, this 26th day of October, 2017, upon consideration of the plaintiff’s Brief
and Statement of Issues in Support of Request for Review (Doc. #11); the defendant’s Response
to Request for Review of Plaintiff (Doc. #14); the plaintiff’s Reply Brief (Doc. #15); and after
review of the thorough and well-reasoned Report and Recommendation of United States
Magistrate Judge Henry S. Perkin, IT IS HEREBY ORDERED that:
1. The plaintiff’s Objections are OVERRULED; 1
2. The Report and Recommendation is APPROVED and ADOPTED;
3. The decision of the Commissioner of Social Security is AFFIRMED.
BY THE COURT:
/s/ Lawrence F. Stengel
LAWRENCE F. STENGEL, C. J.
1

The plaintiff brings four challenges to the Report & Recommendation. Upon de novo review, I
find that these Objections are meritless. The record supports the ALJ’s finding that the plaintiff’s
impairments do not meet or equal a listed impairment presumed severe enough to preclude any
gainful work. Next, the ALJ and the Magistrate Judge afforded proper weight to the opinions of
treating physician Jonathan Levyn, D.O. After reviewing the evidence of record, the ALJ
fashioned two hypothetical questions to the vocational expert which reflected all of the plaintiff’s
limitations supported by the record. See Tr. 59-61. The ALJ then determined that, given these
limitations, the plaintiff has the residual functional capacity to perform jobs that exist in
significant numbers in the national economy. Id. at 25. Finally, the ALJ provided a sufficient
amount of time for the plaintiff to supplement the record with additional evidence. Accordingly,
I will adopt and approve Judge Perkin’s well-written Report and Recommendation.