Dedek v. Colvin
ORDER ADOPTING REPORT AND RECOMMENDATIONS ;(1)The report and recommendation of Judge Mehalchick, (Doc. 19), is ADOPTED IN ITS ENTIRETY.(2)The decision of the Commissioner is VACATED.(3)The instant action is REMANDED to the Commissioner to fully devel op the record, conduct a new administrative hearing and appropriately evaluate the evidence pursuant to sentence four of 42 U.S.C. §405(g).(4)The Clerk of Court is directed to CLOSE THIS CASE. ORDER REMANDING CASE; adopting 19 Report and Recommendations.Signed by Honorable Malachy E Mannion on 2/12/18. (bs)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
NANCY A. BERRYHILL,
CIVIL ACTION NO. 3:16-1952
Pending before the court is the report of Magistrate Judge Karoline
Mehalchick which recommends that the Commissioner’s decision be vacated
and that the instant action be remanded to the Commissioner to fully develop
the record, conduct a new administrative hearing, and appropriately evaluate
the evidence pursuant to sentence four of 42 U.S.C. §405(g). (Doc. 19). No
objections have been filed to Judge Mehalchick’s report. Upon review, the
report will be adopted in its entirety.
When 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 (M.D.Pa. 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.
In her appeal, the plaintiff argues, in part, that the ALJ erred in her
evaluation of the plaintiff’s treating physician’s opinion. In carefully considering
the plaintiff’s claim, Judge Mehalchick determined that the ALJ afforded little
to no weight to the plaintiff’s treating physician’s opinion and discounted the
plaintiff’s testimony as not credible, leaving the ALJ without any opinion
evidence to establish the plaintiff’s physical exertional capacity. Without any
independent evidence of the plaintiff’s exertional capacity, Judge Mehalchick
determined that the ALJ impermissibly engaged in a manner of speculation,
substituting her own lay opinion to find exertional limitations not contained in
the evidence of record. Because Judge Mehalchick concludes that the ALJ
erred in weighing the evidence, she recommends that further development of
the record is necessary and that the decision of the Commissioner be vacated
and the matter remanded for further proceedings.
The court has reviewed the entire report of Judge Mehalchick and finds
no clear error of record. The court further agrees with the sound reasoning
which led Judge Mehalchick to her recommendation. As such, the court
adopts the reasoning of Judge Mehalchick as the opinion of the court.
NOW, THEREFORE, IT IS HEREBY ORDERED THAT:
The report and recommendation of Judge Mehalchick,
(Doc. 19), is ADOPTED IN ITS ENTIRETY.
The decision of the Commissioner is VACATED.
The instant action is REMANDED to the Commissioner to
fully develop the record, conduct a new administrative
hearing and appropriately evaluate the evidence pursuant
to sentence four of 42 U.S.C. §405(g).
The Clerk of Court is directed to CLOSE THIS CASE.
S/Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
Date: February 12, 2018
O:\Mannion\shared\ORDERS - DJ\CIVIL ORDERS\2016 ORDERS\16-1952-01.wpd
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