Flora v. Colvin

Filing 23

ORDER ADOPTING REPORT 20 of Magistrate Judge Mehalchick, AFFIRMING decision of Commissioner denying app for period of disability & disability insurance benefits of Flora, directing Clrk of Ct to enter jdgmt in favor of Commissioner & against Flora, & directing Clrk of Ct to CLOSE case. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 6/27/17. (ki)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA GEORGANN L. FLORA, Plaintiff v. NANCY A. BERRYHILL, Acting Commissioner of Social Security,1 Defendant : : : : : : : : : : CIVIL ACTION NO. 1:16-CV-252 (Chief Judge Conner) ORDER AND NOW, this 27th day of June, 2017, upon consideration of the report (Doc. 20) of Magistrate Judge Karoline Mehalchick, recommending the court deny the appeal of Georgann L. Flora (“Flora”) from the decision of the administrative law judge denying her application for a period of disability and disability insurance benefits, and the court noting that Flora filed objections (Doc. 21) to the report, and the Commissioner of Social Security (“Commissioner”) filed a response (Doc. 22) 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 Mehalchick 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 Mehalchick’s analysis to be thorough, well-reasoned, and fully supported by the record, and further finding Flora’s objections to be without merit and squarely addressed by the report, it is hereby ORDERED that: 1. The report (Doc. 20) of Magistrate Judge Mehalchick is ADOPTED. 2. The decision of the Commissioner of Social Security (“Commissioner”) denying the application for a period of disability and disability insurance benefits of Georgann L. Flora (“Flora”) is AFFIRMED. 3. The Clerk of Court shall enter judgment in favor of the Commissioner and against Flora 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

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