Kreitz v. Colvin

Filing 22

ORDER ADOPTING REPORT 20 of Chief Magistrate Judge Schwab, AFFIRMING Commissioner's decision denying pltf's app for period of disability, disability insurance benefits & supp'l security income, directing Clrk of Ct to enter jdgmt in favor of Commissioner & against pltf, & directing Clrk of Ct to CLOSE case. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 8/28/18. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
SHERRY LYNN KREITZ,
Plaintiff
v.
NANCY A. BERRYHILL,1
Defendant

:
:
:
:
:
:
:
:
:

CIVIL ACTION NO. 3:16-CV-2406
(Chief Judge Conner)

ORDER
AND NOW, this 28th day of August, 2018, upon consideration of the report
(Doc. 20) of Chief Magistrate Judge Susan E. Schwab, recommending that the
court deny the appeal of Sherry Lynn Kreitz (“Kreitz”) from the decision of the
administrative law judge denying Kreitz’s application for a period of disability,
disability insurance benefits, and supplemental security income, and the court
noting that Kreitz filed an objection (Doc. 21) to the report, see FED. R. CIV. P. 72(b),
and following de novo review of the contested portions of the report, see Behar v. Pa.
Dep’t of Transp., 791 F. Supp. 2d 383, 389 (M.D. Pa. 2011) (citing Sample v. Diecks,
885 F.2d 1099, 1106 n.3 (3d Cir. 1989); 28 U.S.C. § 636(b)(1)(C)), and applying a clear
error standard of review to the uncontested portions, see Cruz v. Chater, 990 F.
Supp. 375, 376-78 (M.D. Pa. 1999), the court being in agreement with Judge Schwab
that the ALJ’s decision “is supported by substantial evidence,” 42 U.S.C. § 405(g);
1

Due to the Federal Vacancies Reform Act, 5 U.S.C. § 3345 et seq., former
acting Commissioner of Social Security Nancy A. Berryhill is currently presiding
as the Deputy Commissioner for Operations of the Social Security Administration.
For consistency purposes, however, we continue to refer to Ms. Berryhill as “the
Commissioner.”

Fargnoli v. Massanari, 247 F.3d 34, 38 (3d Cir. 2001), and finding Judge Schwab’s
analysis to be thorough, well-reasoned, and fully supported by the record, and
further finding Kreitz’s objections to be without merit and squarely addressed
by Judge Schwab’s report and recommendation, it is hereby ORDERED that:
1.

The report (Doc. 20) of Chief Magistrate Judge Schwab is ADOPTED.

2.

The Commissioner’s decision denying Kreitz’s application for a period
of disability, disability insurance benefits, and supplemental security
income is AFFIRMED.

3.

The Clerk of Court shall enter judgment in favor of the Commissioner
and against Kreitz as set forth in paragraph 2.

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