Salsburg v. Colvin

Filing 21

MEMORANDUM (Order to follow as separate docket entry).Signed by Honorable Malachy E Mannion on 2/14/17. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
DIANA SALSBURG,
Plaintiff
v.

:
:

CIVIL ACTION NO. 3:16-1178

:

(JUDGE MANNION)

CAROLYN W. COLVIN,
:
Commissioner of Social Security,
:
Defendant
:
MEMORANDUM
Pending before the court is the report of Judge Martin C. Carlson, which
recommends that the final decision of the Commissioner denying the plaintiff’s
claim for disability benefits be vacated and that the case be remanded to the
Commissioner for further proceedings pursuant to 42 U.S.C. §405(g). (Doc.
19). The Commissioner has waived the opportunity to file objections to Judge
Carlson’s report. (Doc. 20). The plaintiff has not filed any objections to Judge
Carlson’s report and the time within which she was permitted to do so 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.
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 the reasons presented by Judge Carlson for
recommending that this case be remanded to the Commissioner to properly
evaluate the medical opinion evidence and to re-evaluate the plaintiff’s
residual functional capacity based on a proper assessment of the evidence.
Because the court agrees with the sound reasoning that led Judge Carlson
to the conclusions in his report 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: February 14, 2017
O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2016 MEMORANDA\16-1178-01.wpd

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