Goodman v. Berryhill et al

Filing 17

ORDER ADOPTING REPORT 14 of Magistrate Judge Mehalchick, directing Clrk of Ct to enter jdgmt in favor of pltf & against Commissioner as follows - Commissioner's decision VACATED & matter REMANDED to Commissioner w/ instructions to conduct new admin hearing, develop record fully & eavaluate evidence appropriately in acc w/ this order & report 14 of Magistrate Judge Mehalchik, & 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
ERIC GLENN GOODMAN,
Plaintiff
v.
NANCY A. BERRYHILL,1
Defendant

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CIVIL ACTION NO. 3:17-CV-614
(Chief Judge Conner)

ORDER
AND NOW, this 28th day of August, 2018, upon consideration of the report
(Doc. 14) of Magistrate Judge Karoline Mehalchick, recommending that the court
grant the appeal (Doc. 1) of Eric Glenn Goodman (“Goodman”) from the decision
of the administrative law judge denying Goodman’s application for a period of
disability and disability insurance benefits, and remand this matter for further
proceedings in accordance with sentence four of 42 U.S.C. § 405(g), wherein Judge
Mehalchick opines that the administrative law judge’s decision is not “supported
by substantial evidence,” 42 U.S.C. § 405(g), and the court noting the Commissioner
of Social Security (“Commissioner”) objected to the report, (Doc. 15); see FED. R.
CIV. P. 72(b)(2), and Goodman filed a response (Doc. 16) thereto, 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
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.”

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 Mehalchick that the
decision of the administrative law judge is not “supported by substantial evidence,”
42 U.S.C. § 405(g); Fargnoli v. Massanari, 247 F.3d 34, 38 (3d Cir. 2001), and finding
Judge Mehalchick’s analysis to be thorough, well-reasoned, and fully supported by
the record, and further finding the Commissioner’s objection to be without merit
and squarely addressed by the report, it is hereby ORDERED that:
1.

The report (Doc. 14) of Magistrate Judge Mehalchick is ADOPTED.

2.

The Clerk of Court shall enter judgment in favor of Goodman 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. 14) 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