Notz v. Kijakazi

Full title: JUDY G. NOTZ, Plaintiff, v. KILOLO KIJAKAZI, [1] Acting Commissioner of…

Court: United States District Court, Middle District of Pennsylvania

Date published: Mar 29, 2022

1:20-CV-01818 (M.D. Pa. Mar. 29, 2022)

Opinion

1:20-CV-01818

03-29-2022

JUDY G. NOTZ, Plaintiff, v. KILOLO KIJAKAZI, [1] Acting Commissioner of Social Security, Defendant.

Matthew W. Brann, Chief United States District Judge.

Carlson, Magistrate Judge.

ORDER

Matthew W. Brann, Chief United States District Judge.

Judy G. Notz filed this action seeking review of a decision of the Acting Commissioner of Social Security (“Commissioner”) denying Notz's claim for social security disability benefits and supplemental security income.² In February 2022, 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 Docs. 1, 19.

3 Doc. 23.

Notz filed timely objections to the Report and Recommendation, raising seven claimed errors in Magistrate Judge Carlson's Report and Recommendation.⁴ “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.'”⁵ 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.⁶

4 Doc. 24.

5 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)).

6 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 recommendation. Although Notz disputes some of Magistrate Judge Carlson's observations and conclusions, Magistrate Judge Carlson correctly determined that, as a whole, the Commissioner's decision is supported by substantial evidence. Consequently, IT IS HEREBY ORDERED that:

1. Magistrate Judge Martin C. Carlson's Report and Recommendation (Doc. 23) is ADOPTED;

2. The Commissioner's decision is AFFIRMED;

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

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