Reeves v. Colvin

Filing 24

ORDER ADOPTING REPORT of Magistrate Judge Cohn 22 , directing Clrk of Ct to enter jdmt in favor of pltf Reeves & against Commissioner VACATING Comm's decision denying Reeve's app for disability ins benefits & supp'l security income & REMANDING matter to Comm for new admin hrg...(see order for details), & directing Clrk of Ct to CLOSE case. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 9/6/16. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
MARC WILLIAM REEVES,
Plaintiff
v.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
Defendant

:
:
:
:
:
:
:
:
:
:

CIVIL ACTION NO. 1:15-CV-619
(Chief Judge Conner)

ORDER
AND NOW, this 6th day of September, 2016, upon consideration of the
report (Doc. 22) of Magistrate Judge Gerald B. Cohn, recommending that the
court vacate the decision of the administrative law judge and remand the abovecaptioned matter for further proceedings with respect to the application for
disability insurance benefits and supplemental security income of plaintiff Marc
William Reeves (“Reeves”), wherein Judge Cohn opines that the administrative law
judge’s decision is not “supported by substantial evidence,” 42 U.S.C. § 405(g), and
finds specifically that the administrative law judge erred in drawing negative
inferences against Reeves based upon noncompliance with prescribed treatment
regimens without first considering whether the noncompliance was due to Reeve’s
mental illness, (Doc. 22 at 44-52), in drawing an adverse inference against Reeves
based upon his work history, (id. at 52-54), and in discounting the opinion of Reeve’s
treating physicians, (see id. at 54-61), and it appearing that neither Reeves nor the
Commissioner of Social Security (“Commissioner”) object to the report, see FED. R.
CIV. P. 72(b)(2), and that the Commissioner expressly waived the opportunity to do

so, (see Doc. 23), and the court noting that failure to timely object to a magistrate
judge’s conclusions “may result in forfeiture of de novo review at the district court
level,” Nara v. Frank, 488 F.3d 187, 194 (3d Cir. 2007) (citing Henderson v. Carlson,
812 F.2d 874, 878-79 (3d Cir. 1987)), but that, as a matter of good practice, a district
court should “afford some level of review to dispositive legal issues raised by the
report,” Henderson, 812 F.2d at 878; see also Taylor v. Comm’r of Soc. Sec., 83 F.
Supp. 3d 625, 626 (M.D. Pa. 2015) (citing Univac Dental Co. v. Dentsply Int’l, Inc.,
702 F. Supp. 2d 465, 469 (M.D. Pa. 2010)), in order to “satisfy itself that there is no
clear error on the face of the record,” FED. R. CIV. P. 72(b), advisory committee
notes, and, following an independent review of the record, the court in agreement
with Judge Cohn’s recommendation, and concluding that there is no clear error on
the face of the record, it is hereby ORDERED that:
1.

The report (Doc. 22) of Magistrate Judge Cohn is ADOPTED.

2.

The Clerk of Court shall enter judgment in favor of plaintiff Marc
William Reeves (“Reeves”) and against the Commissioner as set forth
in the following paragraph.

3.

The Commissioner’s decision denying Reeve’s application for
disability insurance benefits and supplemental security income is
VACATED. This matter is REMANDED to the Commissioner with
instructions to conduct a new administrative hearing, develop the
record fully, and evaluate the evidence appropriately in accordance
with this order and the report (Doc. 22) of Magistrate Judge Cohn.

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