Antal v. Berryhill

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATIONS (1)The report and recommendation of Judge Carlson, (Doc. 14), is ADOPTED IN ITS ENTIRETY.(2)The decision of the Commissioner is AFFIRMED and the plaintiffs appeal DENIED.(3)The Clerk of Court is directed to CLOSE THIS CASE.; adopting 14 Report and Recommendations.Signed by Honorable Malachy E Mannion on 8/23/18. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
ADAM WAYNE ANTAL,
Plaintiff

:

NANCY A. BERRYHILL1,
Defendant

CIVIL ACTION NO. 3:17-2097

:

v.

:

JUDGE MANNION

:
:
ORDER

Pending before the court is the report of Magistrate Judge Martin C.
Carlson, which recommends that the decision of the Commissioner be
affirmed. (Doc. 14). No objections have been filed to the report. Upon review,
the report will be adopted in its entirety.
When no objections are made to the report and recommendation of a
magistrate judge, the court should, as a matter of good practice, “satisfy itself

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On January 23, 2017, Nancy A. Berryhill became the Acting
Commissioner of Social Security. On March 6, 2018, the Government
Accountability Office stated that, as of November 17, 2017, Ms. Berryhill’s
status violated the Federal Vacancies Reform Act, which limits the time a
position can be filled by an acting official and “[t]herefore Ms. Berryhill was not
authorized to continue serving using the title of Acting Commissioner...”
Violation of the Time Limit Imposed by the Federal Vacancies Reform Act of
1988 Commissioner, Social Security Administration. Government
Accountability Office. March 6, 2018. However, Ms. Berryhill continues to
functionally lead the Social Security Administration from her position of record
as Deputy Commissioner of Operations. Pursuant to Federal Rule of Civil
Procedure 25(d), Nancy A. Berryhill is substituted for Carolyn W. Colvin,
Acting Commissioner of Social Security, as the defendant in this suit.

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 this case, the plaintiff received a partially favorable disability benefits
decision by the administrative law judge (“ALJ”), who found that he qualified
for disability benefits under the Medical Vocational Guidelines. The plaintiff
appeals the partially favorable decision, however, seeking an additional six
months of benefits, arguing that the borderline rule, which was designed to
allow consideration of what are otherwise barred claims under the grids, also
implicitly allows successful claimants a right to additional benefits beyond
those prescribed by the grids. In considering this novel claim, Judge Carlson
determined that the plaintiff’s proposed interpretation of the Medical
Vocational Guidelines is unpersuasive. Judge Carlson concludes that the ALJ
properly applied the grids to grant the plaintiff benefits once he attained the
age of 50 and that the ALJ also correctly determined that, prior to age 50, the
plaintiff was not entitled to these benefits because he retained some limited
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capacity to work. Accordingly, Judge Carlson recommends that the decision
of the Commissioner be affirmed and the plaintiff’s appeal denied.
The court has reviewed the entire report of Judge Carlson and agrees
with the sound reasoning which led Judge Carlson to his recommendation. As
such, the court adopts the reasoning of Judge Carlson as the opinion of the
court.
NOW, THEREFORE, IT IS HEREBY ORDERED THAT:
(1)

The report and recommendation of Judge Carlson, (Doc.
14), is ADOPTED IN ITS ENTIRETY.

(2)

The decision of the Commissioner is AFFIRMED and the
plaintiff’s appeal DENIED.

(3)

The Clerk of Court is directed to CLOSE THIS CASE.

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
Date: August 23, 2018
O:\Mannion\shared\ORDERS - DJ\CIVIL ORDERS\2017 ORDERS\17-2097-01.wpd

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