BOWMAN v. COLVIN

Filing 16

ORDER THAT THE REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE ELIZABETH T. HEY 14 IS HEREBY APPROVED AND ADOPTED, ETC. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 02/03/2017. 02/03/2017 ENTERED AND COPIES E-MAILED.(nds)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA TIMOTHY BOWMAN, Plaintiff, v. CAROLYN W. COLVIN, ACTING COMMISSIONER OF SOCIAL SECURITY, Defendant. : : : : : : : : : : CIVIL ACTION No. 15-1626 O R D E R AND NOW, this 3rd day of February, 2017, after reviewing the Report and Recommendation of United States Magistrate Judge Elizabeth T. Hey (ECF No. 14), it is hereby ORDERED that: (1) The Report and Recommendation is APPROVED and ADOPTED;1 1 The Court approves and adopts Judge Hey’s Report and Recommendation primarily on the basis that, other than the choice to accord relatively little weight to the evaluation provided by Plaintiff’s treating psychiatrist, Plaintiff identifies no specific errors in the Administrative Law Judge’s analysis of the evidence. Given the ample record evidence supporting the Administrate Law Judge’s decision--including that Plaintiff’s longitudinal treatment was infrequent and conservative, he admittedly obtained some relief and improvement with medication, and his examiners observed largely unremarkable mental status findings with no serious cognitive deficits--this Court is not in a position to reweigh any evidence, including Plaintiff’s treating psychiatrist’s evaluation. See Hartranft v. Apfel, 181 F.3d 358, 360 (3d Cir. 1999) (instructing that a court is not to “set the Commissioner’s decision aside if it is (3) Plaintiff’s request for review is GRANTED; (4) This matter is REMANDED to the Commissioner for further review consistent with this Order; and (5) The Clerk of Court shall mark this case as CLOSED. AND IT IS SO ORDERED. /s/ Eduardo C. Robreno EDUARDO C. ROBRENO, J. supported by substantial evidence, even if [the court] would have decided the factual inquiry differently.”). 2

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