Evanitus v. Colvin

Filing 16

ORDER ADOPTING REPORT 15 of Magistrate Judge Mehalchick, directing Clrk of Ct to enter jdgmt in favor of Evanitus & against Commissioner as set forth in Para 3, VACATING Commissioner's decision & REMANDING matter to Commissioner to conduct new admin hearing, develop record full & evaluate evidence in acc w/ this order & R&R 15 , & directing Clrk of Ct to CLOSE case. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 3/23/18. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
STEVEN J. EVANITUS,
Plaintiff
v.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Defendant

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CIVIL ACTION NO. 3:16-CV-845
(Chief Judge Conner)

ORDER
AND NOW, this 23rd day of March, 2018, upon consideration of the
report (Doc. 15) of Magistrate Judge Karoline Mehalchick, recommending
that the court vacate the decision of the administrative law judge denying the
application of plaintiff Steven J. Evanitus (“Evanitus”) for disability insurance
benefits, and remand this matter for further proceedings and development of the
record, wherein Judge Mehalchick opines that the administrative law judge’s
decision is not “supported by substantial evidence,” 42 U.S.C. § 405(g), and
it appearing that neither Evanitus nor the Commissioner of Social Security
(“Commissioner”) object to the report, see FED. R. CIV. P. 72(b)(2), and the court
noting that failure to timely object to a magistrate judge’s conclusions “may result
in forfeiture of de novo review at the district court level,” Nara v. Frank, 488 F.3d
187, 194 (3d Cir. 2007) (citing Henderson v. Carlson, 812 F.2d 874, 878-79 (3d Cir.
1987)), but that, as a matter of good practice, a district court should “afford some
level of review to dispositive legal issues raised by the report,” Henderson, 812
F.2d at 878; see also Taylor v. Comm’r of Soc. Sec., 83 F. Supp. 3d 625, 626 (M.D.

Pa. 2015) (citing Univac Dental Co. v. Dentsply Int’l, Inc., 702 F. Supp. 2d 465, 469
(M.D. Pa. 2010)), in order to “satisfy itself that there is no clear error on the face of
the record,” FED. R. CIV. P. 72(b), advisory committee notes, and, following review
of the record, the court agreeing with Judge Mehalchick’s recommendation, and
concluding that there is no clear error on the face of the record, it is hereby
ORDERED that:
1.

The report (Doc. 15) of Magistrate Judge Mehalchick is ADOPTED.

2.

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

3.

The Commissioner’s decision is VACATED and this matter is
REMANDED to the Commissioner with instructions to conduct a new
administrative hearing, develop the record fully, and evaluate the
evidence appropriately in accordance with this order and the report
(Doc. 15) of Magistrate Judge Mehalchick.

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