Toth v. Astrue

Filing 15

ORDER ADOPTING REPORT of Magistrate Judge Blewitt 11 , directing Clrk of Ct to enter jdgmt in favor of Commissioner of SS & against Gary Toth as set forth in Para 3, AFFIRMING decision of Commissioner of SS denying Toth's app for disability insurance benefits, & directing Clrk of Ct to CLOSE case. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 3/7/14. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

GARY TOTH,
Plaintiff,
v.
CAROLYN W. COLVIN,1 Acting
Commissioner of Social Security,
Defendant.

:
:
:
:
:
:
:
:
:
:

CIVIL ACTION NO. 1:13-CV-1777
(Chief Judge Conner)

ORDER
AND NOW, this 7th day of March, 2014, upon consideration of the report and
recommendation (Doc. 11) of Magistrate Judge Thomas M. Blewitt, recommending the
court dismiss the appeal (Doc. 1) of plaintiff Gary Toth (“Toth”) from the decision of the
administrative law judge (“ALJ”) denying Toth’s claim for disability insurance benefits,
wherein Judge Blewitt finds the ALJ’s decision to be supported by substantial evidence,
and, after an independent review of the record, and the court noting that Toth has filed

1

Michael J. Astrue’s term as Commissioner of Social Security expired on
January 19, 2013. Pursuant to Federal Rule of Civil Procedure 25(d), Carolyn W.
Colvin, who succeeded Astrue and was appointed Acting Commissioner of Social
Security on February 14, 2013, is substituted as defendant in this action. See FED.
R. CIV. P. 25(d) (“An action does not abate when a public officer who is a party in an
official capacity dies, resigns, or otherwise ceases to hold office while the action is
pending. The officer’s successor is automatically substituted as a party.”).

an objection2 (Doc. 12) to the report, and the court finding Judge Blewitt’s analysis to be
thorough, well-reasoned, and fully supported by the record, and the court further finding
Toth’s objection to be without merit,3 and squarely addressed by the magistrate judge’s
report, it is hereby ORDERED that:
1.

The report (Doc. 11) of Magistrate Judge Blewitt is ADOPTED.

2.

The Clerk of Court shall enter judgment in favor of the Commissioner of
Social Security and against Gary Toth as set forth in the following
paragraph.

3.

The decision of the Commissioner of Social Security denying Gary Toth’s
application for disability insurance benefits is AFFIRMED.

4.

The Clerk of Court is directed to CLOSE this case.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania

2

When parties object to a magistrate judge’s report, the court performs a de
novo review of the contested portions of the report. Supinski v. United Parcel Serv.,
Civ. A. No. 06-0793, 2009 WL 113796, at *3 (M.D. Pa. Jan. 16, 2009) (citing Sample v.
Diecks, 885 F.2d 1099, 1106 n. 3 (3d Cir. 1989); 28 U.S.C. § 636(b)(1)(c)). “In this
regard, Local Rule of Court 72.3 requires ‘written objections which . . . specifically
identify the portions of the proposed findings, recommendations or report to which
objection is made and the basis for those objections.’” Id. (citing Shields v. Astrue,
Civ. A. No. 07-417, 2008 WL 4186951, at *6 (M.D. Pa. Sept. 8, 2008)).
3

Toth objects to the magistrate judge’s credibility determinations on the
basis that the ALJ “does not address the Plaintiff’s medical records or the objective
evidence.” (Doc. 13 at 9-10). This objection wholly discounts the fifteen paragraphs
of the decision wherein the ALJ studied and reported on the medical evidence in
search of any corroborating support for Toth’s subjective complaints of pain. (See
Tr. at 21-23). After conducting this review, the ALJ explained at length his reasons
for finding that Toth was not entirely credible with respect to the extent, severity,
and limiting effects of his impairment. (Id. at 23-24). Like the magistrate judge, the
court concludes that the ALJ’s decision is well supported by substantial evidence
and cogently explained. The court thus will overrule Toth’s objection.