Monaham v. Berryhill et al

Filing 17

ORDER ADOPTING REPORT 16 of Magistrate Judge Saporito, AFFIRMING Commissioner's decision denying pltf's app for period of disability & disability insurance benefits, & 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
CATHERINE MONAHAN,
Plaintiff
v.
NANCY A. BERRYHILL,1
Defendant

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CIVIL ACTION NO. 3:17-CV-944
(Chief Judge Conner)

ORDER
AND NOW, this 28th day of August, 2018, upon consideration of the
report (Doc. 16) of Magistrate Judge Joseph F. Saporito, Jr., recommending that
the court deny the appeal of Catherine Monahan (“Monahan”) from the decision
of the administrative law judge denying Monahan’s application for a period of
disability and disability insurance benefits, and it appearing that Monahan has
not objected to the report, see FED. R. CIV. P. 72(b)(2), and the court observing that
failure of a party 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)
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.”

(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 an
independent review of the record, the court being in agreement with Judge
Saporito that the decision of the administrative law judge is “supported by
substantial evidence,” 42 U.S.C. § 405(g); Fargnoli v. Massanari, 247 F.3d 34, 38 (3d
Cir. 2001), and concluding that there is no clear error on the face of the record, it is
hereby ORDERED that:
1.

The report (Doc. 16) of Magistrate Judge Saporito is ADOPTED.

2.

The decision of the Commissioner denying Monahan’s application for a
period of disability and disability insurance benefits is AFFIRMED.

3.

The Clerk of Court shall enter judgment in favor of the Commissioner
and against Monahan 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