Blatt v. Colvin

Filing 21

ORDER ADOPTING REPORT 17 of Magistrate Judge Cohn, AFFIRMING decision of Commissioner denying app for child's ins benefits & supp'l security income of Blatt, directing Clrk of Ct to enter judgment in favor of Commissioner & against Blatt, & directing Clrk of Ct to CLOSE case. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 6/27/17. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JODI BLATT,
Plaintiff
v.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,1
Defendant

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CIVIL ACTION NO. 1:16-CV-128
(Chief Judge Conner)

ORDER
AND NOW, this 27th day of June, 2017, upon consideration of the report
(Doc. 17) of Magistrate Judge Gerald B. Cohn, recommending that the court deny
the appeal of Jodi Blatt (“Blatt”) from the decision of the administrative law judge
denying her application for child’s insurance benefits and supplemental security
income, and the court noting that Blatt filed objections (Doc. 18) to the report, and
the Commissioner of Social Security (“Commissioner”) filed a response (Doc. 19)
thereto, and, following a de novo review of the contested portions of the report,
see Behar v. Pa. Dep’t of Transp., 791 F. Supp. 2d 383, 389 (M.D. Pa. 2011) (citing
Sample v. Diecks, 885 F.2d 1099, 1106 n.3 (3d Cir. 1989); 28 U.S.C. § 636(b)(1)(C)),
and applying a clear error standard of review to the uncontested portions, see Cruz

1

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).

v. Chater, 990 F. Supp. 375, 376-78 (M.D. Pa. 1999), the court being in agreement with
Judge Cohn that the decision of the administrative law judge is “supported by
substantial evidence,” 42 U.S.C. § 405(g); Fargnoli v. Massanari, 247 F.3d 34, 38 (3d
Cir. 2001), and finding Judge Cohn’s analysis to be thorough, well-reasoned, and
fully supported by the record, and further finding Blatt’s objections to be without
merit and squarely addressed by the report, it is hereby ORDERED that:
1.

The report (Doc. 17) of Magistrate Judge Cohn is ADOPTED.

2.

The decision of the Commissioner of Social Security (“Commissioner”)
denying the application for child’s insurance benefits and supplemental
security income of Jodi Blatt (“Blatt”) is AFFIRMED.

3.

The Clerk of Court shall enter judgment in favor of the Commissioner
and against Blatt as set forth in paragraph 2.

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