Erickson v. Commissioner of Social Security

Filing 19

ORDER ADOPTING REPORT 17 of Magistrate Judge Mehalchick, directing Clrk of Ct to enter jdgmt in favor of pltf & against deft per Para 2, VACATING Commissioner's decision & REMANDING matter w/ instructions to conduct new admin hearing, develop record fully & evaluate evidence appropriately in acc w/ this order & report 17 , & directing Clrk of Ct to CLOSE case. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 3/6/18. (ki)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA FREDERICK ERICKSON, Plaintiff v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant : : : : : : : : : : CIVIL ACTION NO. 3:16-CV-1423 (Chief Judge Conner) ORDER AND NOW, this 6th day of March, 2018, upon consideration of the report (Doc. 17) of Magistrate Judge Karoline Mehalchick, recommending that the court vacate the decision of the administrative law judge denying the application of plaintiff Frederick Erickson (“Erickson”) for supplemental security income, 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 Erickson nor the Commissioner of Social Security (“Commissioner”) object to the report, see FED. R. CIV. P. 72(b)(2), and that the Commissioner expressly waives the opportunity to do so, (see Doc. 18), 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 in agreement 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. 17) of Magistrate Judge Mehalchick is ADOPTED. 2. The Clerk of Court shall enter judgment in favor of Erickson 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. 17) 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

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