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)

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.

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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.”).
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