Kichman v. Colvin
Filing
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ORDER - IT IS ORDERED that 1. Magistrate Judge Cohns Report and Recommendation (Doc. No. 20), is ADOPTED; 2. Plaintiff John W. Kichmans appeal (Doc. No. 1), is DENIED, as the ALJs decision is supported by substantial evidence; and3. The Clerk of Court is directed to close the above-captioned case. 1 20 Signed by Honorable Yvette Kane on 1/27/2017. (sc)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JOHN W. KICHMAN,
Plaintiff
CAROLYN W. COLVIN,
Commissioner of the Social Security
Administration,
Defendant
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No. 1:15-cv-957
(Judge Kane)
(Magistrate Judge Cohn)
ORDER
THE BACKGROUND OF THIS ORDER IS AS FOLLOWS:
On January 21, 2011, Plaintiff John W. Kichman filed an application for a period of
disability and disability insurance benefits under the Social Security Act, 42 U.S.C. §§ 401 et
seq. (Id.) Plaintiff’s claim was initially denied on April 12, 2011, and Plaintiff requested a
hearing on April 18, 2011. (Doc. No. 10-3 at 26.) On September 25, 2012, Administrative
Judge Sharon Zanotto (“ALJ”) found that Plaintiff was not disabled under the Social Security
Act. (Id. at 26, 37.) The Appeals Council subsequently vacated the decision and remanded the
case on November 15, 2013. (Doc. No. 10-3 at 45-47.) On July 3, 2014, the ALJ again
concluded that Plaintiff was not disabled and denied his application for a period of disability and
disability insurance benefits. (Doc. No. 10-2 at 31.) On March 17, 2015, the Appeals Council
denied Plaintiff’s request for review of the ALJ’s decision. (Id. at 2-5, 7.)
On May 15, 2015, Plaintiff Kichman filed a complaint against Defendant Carolyn W.
Colvin, Commissioner of Social Security Administration, appealing the March 17, 2015 final
decision denying his claims for benefits. (Doc. No. 1.) Before the Court is the Report and
Recommendation of Magistrate Judge Cohn, recommending that Plaintiff’s appeal be denied.
(Doc. No. 20.) In his Report and Recommendation, Magistrate Judge Cohn found that “the ALJ
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made the required specific findings of fact in determining whether Plaintiff met the criteria for
disability, and the findings were supported by substantial evidence.” (Doc. No. 20 at 59.)
On January 11, 2017 Plaintiff filed objections to the Report and Recommendation (Doc.
No. 21), and Defendant filed a response on January 25, 2017 (Doc. No. 22). In his objections,
Plaintiff argues that: (1) the ALJ erroneously assigned limited weight to the Department of
Veterans Affairs’ (“VA”) disability determination; (2) the ALJ’s residual functional capacity
assessment is not supported by substantial evidence; and (3) the ALJ erred by finding three
impairments to be non-severe. (Doc. No. 21.) The Court finds that Magistrate Judge Cohn
correctly and comprehensively addressed the substance of Plaintiff’s objections in the Report and
Recommendation. (Doc. No. 20); see, e.g., McCleary v. Colvin, 187 F. Supp. 3d 497, 535, 54243 (M.D. Pa. 2016) (Jones, J.). The Court will not write separately to address Plaintiff’s
objections.
ACCORDINGLY, upon independent review of the record and applicable law, on this
27th day of January 2017, IT IS HEREBY ORDERED THAT:
1. Magistrate Judge Cohn’s Report and Recommendation (Doc. No. 20), is ADOPTED;
2. Plaintiff John W. Kichman’s appeal (Doc. No. 1), is DENIED, as the ALJ’s decision
is supported by substantial evidence; and
3. The Clerk of Court is directed to close the above-captioned case.
s/ Yvette Kane
Yvette Kane, District Judge
United States District Court
Middle District of Pennsylvania
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