Baron v. Colvin
ORDER ADOPTING REPORT 13 of Magistrate Judge Cohn, directing Clrk of Ct to enter jdgmt in favor of Baron & against Commissioner as set forth in Para 3... (see Para 3 for specifics), & directing Clrk of Ct to CLOSE case. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 3/2/17. (ki)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
GERALD J. BARON,
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,1
CIVIL ACTION NO. 1:15-CV-2305
(Chief Judge Conner)
AND NOW, this 2nd day of March, 2017, upon consideration of the report
(Doc. 13) of Magistrate Judge Gerald B. Cohn, recommending the court vacate the
decision of the administrative law judge denying the application of plaintiff Gerald
J. Baron (“Baron”) for disability insurance benefits and supplemental security
income, and remand this matter for further proceedings and development of the
record, wherein Judge Cohn opines that the administrative law judge’s decision is
not “supported by substantial evidence,” 42 U.S.C. § 405(g), and it appearing that
neither Baron nor the Commissioner of Social Security (“Commissioner”) objects
to the report, see FED. R. CIV. P. 72(b)(2), 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
Carolyn W. Colvin (“Colvin”) was Acting Commissioner of Social Security
when the instant action was filed against her in her official capacity. On January
23, 2017, Nancy A. Berryhill succeeded Colvin as Acting Commissioner. Pursuant
to Federal Rule of Civil Procedure 25(d), Nancy A. Berryhill is substituted as the
defendant in this action. See FED. R. CIV. P. 25(d).
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:
The report (Doc. 13) of Magistrate Judge Cohn is ADOPTED.
The Clerk of Court shall enter judgment in favor of Baron and against
the Commissioner as set forth in the following paragraph.
The Commissioner’s decision denying Baron’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. 13) of Magistrate Judge Cohn.
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
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