HOLLINGER v. COLVIN

Filing 22

ORDER THAT PLAINTIFF'S OBJECTIONS ARE OVERRULED. THE REPORT AND RECOMMENDATION IS APPROVED AND 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.(mbh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
SHERRILL HOLLINGER,
Plaintiff
vs.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security
Defendant

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CIVIL ACTION

NO. 15-3126

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. #13); the
defendant’s Response to Request for Review of Plaintiff (Doc. #15); the plaintiff’s Reply
Brief (Doc. #16); 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

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Upon de novo review, I find that the plaintiff’s Objections are meritless. First, the ALJ properly
determined that the plaintiff’s obesity was not a severe impairment. The record contains no
evidence that the plaintiff’s obesity significantly limited her ability to perform basic work
activities. Second, the ALJ’s determination of the plaintiff’s residual functional capacity properly
accounted for all of the plaintiff’s limitations, including her concentration, persistence, and pace
limitations. Substantial evidence supports the ALJ’s finding that the plaintiff has the ability to
maintain “a reasonable degree” of concentration, persistence, and pace. The ALJ thus limited the
plaintiff to simple, routine, repetitive tasks; non-fast-paced work; simple work-related decisions;
and few, if any, work place changes. Third, the four challenges to the ALJ’s credibility
determination are meritless. Substantial evidence supports his determination. Finally, the ALJ
properly discounted the opinion evidence of Julia Loytsker-Borish, Psy.D., and chose to give
more weight to the opinion of state agency psychological consultant, Dr. Garito. The ALJ
properly set forth his rationale for doing so. Accordingly, I will adopt and approve Judge
Perkin’s well-written Report and Recommendation.

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.

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