Barzyk v. Saul, 4:18-CV-02262. (2020)
Court: District Court, M.D. Pennsylvania
Number: infdco20200318775
Visitors: 16
Filed: Mar. 16, 2020
Latest Update: Mar. 16, 2020
Summary: ORDER MATTHEW W. BRANN , District Judge . Brendi Barzyk filed this action seeking review of a decision by the Commissioner of Social Security ("Commissioner") denying Barzyk's claim for social security disability benefits and supplemental security income. 2 On February 18, 2020, Magistrate Judge Gerald B. Cohn issued a Report and Recommendation recommending that this Court affirm the Commissioner's decision and close this case. 3 No timely objections were filed to this Report and Recomme
Summary: ORDER MATTHEW W. BRANN , District Judge . Brendi Barzyk filed this action seeking review of a decision by the Commissioner of Social Security ("Commissioner") denying Barzyk's claim for social security disability benefits and supplemental security income. 2 On February 18, 2020, Magistrate Judge Gerald B. Cohn issued a Report and Recommendation recommending that this Court affirm the Commissioner's decision and close this case. 3 No timely objections were filed to this Report and Recommen..
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ORDER
MATTHEW W. BRANN, District Judge.
Brendi Barzyk filed this action seeking review of a decision by the Commissioner of Social Security ("Commissioner") denying Barzyk's claim for social security disability benefits and supplemental security income.2 On February 18, 2020, Magistrate Judge Gerald B. Cohn issued a Report and Recommendation recommending that this Court affirm the Commissioner's decision and close this case.3 No timely objections were filed to this Report and Recommendation.
Where no objection is made to a report and recommendation, this Court will review the recommendation only for clear error.4 Regardless of whether timely objections are made, district courts may accept, reject, or modify—in whole or in part—the findings or recommendations made by the magistrate judge.5 Upon review of the record, the Court finds no clear error in Magistrate Judge Cohn's conclusion that the Commissioner's decision is supported by substantial evidence. Consequently, IT IS HEREBY ORDERED that:
1. Magistrate Judge Gerald B. Cohn's Report and Recommendation (Doc. 19) is ADOPTED.
2. The Commissioner's decision is AFFIRMED.
3. Final Judgment is entered in favor of Defendant and against Plaintiff pursuant to Fed. R. Civ. P. 58 and sentence four of 42 U.S.C. § 405(g).
4. The Clerk of Court is direct to CLOSE this case.
FootNotes
1. Pursuant to Federal Rule of Civil Procedure 25(d), Andrew Saul, as the successor officer to Nancy Berryhill, Acting Commissioner of Social Security, is automatically substituted as Defendant in this action.
2. Docs. 1, 13.
3. Doc. 19.
4. Fed. R. Civ. P. 72(b), advisory committee notes; see Henderson v. Carlson, 812 F.2d 874, 878 (3d Cir. 1987) (explaining that court should in some manner review recommendations regardless of whether objections were filed).
5. 28 U.S.C. § 636(b)(1); Local Rule 72.31.
Source: Leagle
