Catizone v. Berryhill et al

Filing 9

ORDER ADOPTING REPORT 8 of Magistrate Judge Arbuckle, AFFIRMING decision of Commissioner denying pltf's app for period of disability & disability 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 9/17/18. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
DOROTHY CATIZONE,
Plaintiff
v.
NANCY A. BERRYHILL,1
Defendant

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CIVIL ACTION NO. 3:17-CV-1209
(Chief Judge Conner)

ORDER
AND NOW, this 17th day of September, 2018, upon consideration of the
report (Doc. 8) of Magistrate Judge William I. Arbuckle, recommending that the
court deny the appeal of Dorothy Catizone (“Catizone”) from the decision of the
administrative law judge denying Catizone’s application for a period of disability
and disability insurance benefits, and it appearing that Catizone 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) (citing Univac
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.”

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 Arbuckle 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. 8) of Magistrate Judge Arbuckle is ADOPTED.

2.

The decision of the Commissioner denying Catizone’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 Catizone 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