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Petrizzo v. Berryhill, 1:16-CV-558. (2018)

Court: District Court, M.D. Pennsylvania Number: infdco20181010f07 Visitors: 23
Filed: Oct. 09, 2018
Latest Update: Oct. 09, 2018
Summary: ORDER CHRISTOPHER C. CONNER , Chief District Judge . AND NOW, this 9th day of October, 2018, upon consideration of the report (Doc. 17) of Magistrate Judge William I. Arbuckle, recommending that the court deny the appeal of Michelle Petrizzo ("Petrizzo") for a period of disability and disability insurance benefits, and it appearing that Petrizzo 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 j
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ORDER

AND NOW, this 9th day of October, 2018, upon consideration of the report (Doc. 17) of Magistrate Judge William I. Arbuckle, recommending that the court deny the appeal of Michelle Petrizzo ("Petrizzo") for a period of disability and disability insurance benefits, and it appearing that Petrizzo 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 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 independent review of the record, the court 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. 17) of Magistrate Judge Arbuckle is ADOPTED. 2. The decision of the Commissioner denying Petrizzo'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 Petrizzo as set forth in paragraph 2. 4. The Clerk of Court is directed to CLOSE this case.

FootNotes


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."
Source:  Leagle

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