SMALLWOOD v. COLVIN

Filing 24

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; PLAINTIFF'S OBJECTIONS TO THE REPORT AND RECOMMENDATION ARE OVERRULED; PLAINTIFF'S REQUEST FOR REVIWW IS DENIED AS OUTLINED AND THE CLERK OF COURT SHALL MARK THIS CASE CLOSED. SIGNED BY HONORABLE GERALD J. PAPPERT ON 11/7/17. 11/7/17 ENTERED AND COPIES EMAILED TO COUNSEL.(jaa, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
COURTNEY SMALLWOOD, o/b/o
R.K.F., a minor child

CIVIL ACTION
NO. 16-3669

Plaintiff,
v.
NANCY A. BERRYHILL,1 Acting
Commissioner of Social Security
Defendant.
ORDER
AND NOW, this 7th day of November, 2017, upon consideration of the brief and
statement of issues in support of request for review by plaintiff Courtney Smallwood,
o/b/o R.K.F., a minor child (ECF No. 13), defendant’s response (ECF No. 14), plaintiff’s
reply (ECF No. 18), the Report and Recommendation of Magistrate Judge Thomas J.
Rueter (ECF No. 19), plaintiff's objections to the Report and Recommendation (ECF No.
20), defendant’s response to plaintiff’s objections (ECF No. 22) and the administrative
record (ECF No. 8) and for the reasons set forth in the accompanying Memorandum it is
ORDERED that:
1.
2.

The Report and Recommendation is APPROVED and ADOPTED;
Plaintiff's objections to the Report and Recommendation are
OVERRULED;

3.

Plaintiff’s Request for Review is DENIED;

4.

The decision of the Commissioner of Social Security is AFFIRMED
and JUDGMENT is entered in favor of defendant Nancy A.

Nancy A. Berryhill became the Acting Commissioner of Social Security on January 23, 2017.
Pursuant to Federal Rule of Civil Procedure 25(d), Ms. Berryhill should be substituted for the former
Acting Commissioner, Carolyn Colvin, as the defendant in this action. See FED. R. CIV. P. 25(d).
1

Berryhill, Acting Commissioner of Social Security, and against
plaintiff Courtney Smallwood o/b/o R.K.F., a minor child; and
5.

The Clerk of Court shall mark this case CLOSED.
BY THE COURT:
/s/ Gerald J. Pappert
GERALD J. PAPPERT, J.

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