Rickrode v. Colvin

Filing 13

ORDER: 1. The R&R of M.J. Mehalchick 10 is ADOPTED.2. The decision of the Commissioner of Social Security is AFFIRMED.3. The Clerk of Court shall enter judgment in favor of the Commissioner and against Rickrode as set forth in paragraph 2.4. The Clerk of Court is directed to CLOSE this case. Signed by Chief Judge Christopher C. Conner on 9/22/17. (ma)

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

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CIVIL ACTION NO. 1:16-CV-976
(Chief Judge Conner)

ORDER
AND NOW, this 22nd day of September, 2017, upon consideration of
the report (Doc. 10) of Magistrate Judge Karoline Mehalchick, recommending the
court deny the appeal (Doc. 1) of Deborah Lynne Rickrode (“Rickrode”) from the
decision of the administrative law judge denying Rickrode’s application for a period
of disability and disability insurance benefits, and the court noting that Rickrode
filed objections (Doc. 11) to the report, and the Commissioner of Social Security
(“Commissioner”) filed a response (Doc. 12) thereto, and following a de novo review
of the contested portion 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 v. Chater, 990 F. Supp. 375, 376-78 (M.D. Pa. 1999),

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).

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 Rickrode’s objections to be without merit and squarely addressed
by the report, it is hereby ORDERED that:
1.

The report (Doc. 10) 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 Deborah Lynne Rickrode (“Rickrode”) is
AFFIRMED.

3.

The Clerk of Court shall enter judgment in favor of the Commissioner
and against Rickrode 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