Megenhardt v. United States District Court Middle District of PA

Filing 21

MEMORANDUM (Order to follow as separate docket entry).Signed by Honorable Malachy E Mannion on 3/28/17. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
DAVID EDWARD MEGENHARDT,
Plaintiff
v.

:
:

CIVIL ACTION NO. 3:15-1897

:

(MANNION, D.J.)

:
NANCY A. BERRYHILL,1
Commissioner of Social Security,
:
Defendant
:

(SCHWAB, M.J.)

MEMORANDUM
Pending before the court is the March 10, 2017 report of Judge Susan
E. Schwab, which recommends that the final decision of the Commissioner
denying the plaintiff’s claim for supplemental security income (“SSI”) under
Title XVI of the Social Security Act be affirmed and that the case be closed.
(Doc. 20). Neither the Commissioner nor the plaintiff have filed any objections
to Judge Schwab’s report. The time within which objections to the report were
due has expired.
Where no objection is made to a report and recommendation, the court
should, as a matter of good practice, “satisfy itself that there is no clear error
on the face of the record in order to accept the recommendation.”
Fed.R.Civ.P. 72(b), advisory committee notes; see also Univac Dental Co. v.
Dentsply Intern., Inc., 702 F.Supp.2d 465, 469 (2010) (citing Henderson v.
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On January 23, 2017, Nancy A. Berryhill became the Acting
Commissioner of Social Security. Pursuant to Federal Rule of Civil Procedure
25(d), Nancy A. Berryhill is substituted for Carolyn W. Colvin, Acting
Commissioner of Social Security, as the defendant in this suit.

Carlson, 812 F.2d 874, 878 (3d Cir. 1987) (explaining judges should give
some review to every Report and Recommendation)). Nevertheless, whether
timely objections are made or not, the district court may accept, not accept or
modify, in whole or in part, the findings or recommendations made by the
magistrate judge. 28 U.S.C. §636(b)(1); Local Rule 72.31.
The court has reviewed all of the reasons presented by Judge Schwab
for recommending that the plaintiff’s appeal of the Commissioner’s decision
denying his claim for SSI benefits, (Doc. 1), be denied. Because the court
agrees with the sound reasoning that led Judge Schwab to the conclusions
in her report, including her conclusion that substantial evidence supported the
Commissioner’s finding that plaintiff has the residual functional capacity to
perform light work with limitations, and finds no clear error on the face of the
record, the court will adopt the report in its entirety. An appropriate order shall
issue.

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge

Date: March 28, 2017
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