Berry v. Kijakazi

Full title: DONNA BERRY, Plaintiff, v. KILOLO KIJAKAZI, [1]Acting Commissioner of…

Court: United States District Court, Middle District of Pennsylvania

Date published: Feb 23, 2022

1:20-CV-01629 (M.D. Pa. Feb. 23, 2022)

Opinion

1:20-CV-01629

02-23-2022

DONNA BERRY, Plaintiff, v. KILOLO KIJAKAZI, [1]Acting Commissioner of Social Security, Defendant.

Matthew W. Brann, Chief United States District Judge

Magistrate Judge Carlson

ORDER

Matthew W. Brann, Chief United States District Judge

Donna Berry filed this action seeking review of a decision of the Acting Commissioner of Social Security ('Commissioner') denying Berry's claim for social security disability benefits.² In December 2021, Magistrate Judge Martin C. Carlson issued a Report and Recommendation recommending that this Court affirm the Commissioner's decision and close this case.³

2 Doc. 1.

3 Doc. 21.

Berry filed timely objections to the Report and Recommendation.⁴ In her objections, Berry contends that Magistrate Judge Carlson erred in concluding that the administrative law judge properly evaluated Berry's symptoms and treatment, and properly weighed the medical opinions.⁵ 'If a party objects timely to a magistrate judge's report and recommendation, the district court must ‘make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.''⁶ Regardless of whether timely objections are made, district courts may accept, reject, or modify—in whole or in part—the magistrate judge's findings or recommendations.⁷

4 Doc. 22.

5 Id.

6 Equal Emp't Opportunity Comm'n v. City of Long Branch, 866 F.3d 93, 99 (3d Cir. 2017) (quoting 28 U.S.C. § 636(b)(1)).

7 28 U.S.C. § 636(b)(1); Local Rule 72.31.

Upon de novo review of the record, the Court finds no error in Magistrate Judge Carlson's conclusion that the Commissioner's decision is supported by substantial evidence. Although Berry disputes some of Magistrate Judge Carlson's observations and conclusions, Magistrate Judge Carlson correctly determined that, as a whole, the ALJ's decision is supported by substantial evidence. Consequently, IT IS HEREBY ORDERED that:

1. Magistrate Judge Martin C. Carlson's Report and Recommendation (Doc. 21) is ADOPTED;

2. The Commissioner's decision is AFFIRMED;

3. Final Judgment is entered in favor of Defendant and against Berry pursuant to Fed.R.Civ.P. 58 and sentence four of 42 U.S.C. § 405(g); and

4. The Clerk of Court is direct to CLOSE this case.