Burkes-Lindstedt v. Colvin

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATIONS -IT IS ORDERED THAT: 1. The Court ADOPTS the Report and Recommendation 13 of Magistrate Judge Saporito; 2. The Commissioners decision is AFFIRMED, and Plaintiff Diane Burks-Lindstedts request for an award of benefits is DENIED; 3. Judgment is entered in favor of the Commissioner and against Plaintiff; and 4. The Clerk of Court is directed to CLOSE the case. Signed by Honorable Yvette Kane on 6/19/17. (rw)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
DIANE BURKS-LINDSTEDT,
Plaintiff

:
:
:
v.
:
:
NANCY A. BERRYHILL,1
:
Acting Commissioner of the Social Security :
Administration,
:
Defendant
:

No. 1:16-CV-1510
(Judge Kane)
(Magistrate Judge Saporito)

ORDER
THE BACKGROUND OF THIS ORDER IS AS FOLLOWS:
Before the Court is the May 31, 2017 Report and Recommendation of Magistrate Judge
Saporito (Doc. No. 13), recommending that the Court affirm the Social Security Commissioner’s
final decision denying Plaintiff Diane Burks-Lindstedt’s application for disability insurance
benefits under Title II of the Social Security Act on the basis that substantial evidence supports
the Administrative Law Judge’s determination that Plaintiff was not disabled. (Doc. No. 13.)
No timely objections to the Report and Recommendation have been filed.
ACCORDINGLY, on this 19th day of June 2017, upon independent review of the record
and applicable law, IT IS ORDERED THAT:
1.

The Court ADOPTS the Report and Recommendation (Doc. No. 13), of
Magistrate Judge Saporito;

2.

The Commissioner’s decision is AFFIRMED, and Plaintiff Diane BurksLindstedt’s request for an award of benefits is DENIED;

1

Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure and 42 U.S.C. § 405(g),
Acting Commissioner Nancy A. Berryhill is automatically substituted as the named defendant in
place of the former Commissioner of Social Security.
1

3.

Judgment is entered in favor of the Commissioner and against Plaintiff; and

4.

The Clerk of Court is directed to CLOSE the case.

s/ Yvette Kane
Yvette Kane, District Judge
United States District Court
Middle District of Pennsylvania

2