# Heider v. Saul > District Court, M.D. Pennsylvania · November 23, 2021 URL: https://www.frixlaw.com/law-library/cases/10411049 ## Case - **Court:** District Court, M.D. Pennsylvania - **Decided:** November 23, 2021 - **Opinion:** 100trialcourt - **Cited by:** 0 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10411049 ## How later opinions describe it (automated extraction) - explaining judges should give some review to every Report and Recommendation - explaining judges should give some review to every Report and Recommendation ## Opinion text UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF PENNSYLVANIA REBECCA HEIDER, : Plaintiff : CIVIL ACTION NO. 3:20-1296 V. : (JUDGE MANNION) KILOLO KIJAKAZI, : Commissioner of Social Security, : Defendant : ORDER Pending before the court is the report of Magistrate Judge Gerald B. Cohn, which recommends that the decision of the Commissioner of Social Security denying the plaintiffs claims for period of disability and disability insurance benefits under the Social Security Act be affirmed and the plaintiffs appeal be denied. (Doc. 18). The plaintiff has filed objections to the report (Doc. 19) to which the Commissioner has responded (Doc. 20). Upon review, the report of Judge Cohn will be adopted in its entirety. When objections are timely filed to the report and recommendation of a magistrate judge, the district court must review de novo those portions of the report to which objections are made. 28 U.S.C. §636(b)(1): Brown v. Astrue, 649 F.3d 193, 195 (3d Cir. 2011). Although the standard is de novo, the extent of review is committed to the sound discretion of the district judge, and the court may rely on the recommendations of the magistrate judge to the extent it deems proper. Rieder v. Apfel, 115 F.Supp.2d 496, 499 (M.D. Pa. 2000) (citing United States v. Raddatz, 447 U.S. 667, 676 (1980)). For those sections of the report and recommendation to which no objection is made, the court should, as a matter of good practice, “satisfy itself 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 (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 72.371. The plaintiff has raised two arguments in her objections to Judge Cohn’s report. First, the plaintiff argues that substantial evidence does not support the ALJ’s finding that plaintiff was capable of performing past relevant work as a housekeeper. (Doc. 19 at 1-3). Second, the plaintiff argues that multiple errors with symptom evaluation compel reversal of the -2- ALJ’s decision. /d. at 3-4. Both of these arguments were raised in the plaintiff's brief in support of her appeal (Doc. 15 at 5-8 and 8-10, respectively) and were addressed thoroughly by Judge Cohn in his report (Doc. 18 at 7-8 and 8-10, respectively). The court has reviewed the evidence of record as a whole and finds no clear error of record with regard to Judge Cohn’s findings on either of these issues. Moreover, the court agrees with the sound reasoning that led Judge Cohn to the conclusions in his report. As such, the court will adopt the report and recommendation of Judge Cohn as the decision of the court. In light of the foregoing, IT IS HEREBY ORDERED THAT: (1) The plaintiff's objections to the report and recommendation of Judge Cohn (Doc. 19) are OVERRULED. (2) The report and recommendation of Judge Saporito (Doc. 18) is ADOPTED IN ITS ENTIRETY as the ruling of the court. -3- (3) The plaintiffs appeal (Doc. 1) is DENIED. (4) The Clerk of Court is directed to CLOSE THIS CASE. 5| Malachy €. Mannion MALACHY E. MANNION United States District Judge Date: November 23, 2021 20-1296-01 -4- --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10411049. Public record. Not legal advice.