IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

PRISCILLA WINTERS, No. 4:19-CV-01017

Plaintiff, (Judge Brann)

v. (Magistrate Judge Arbuckle)

ANDREW SAUL,1 Commissioner of Social Security,

Defendant.

ORDER SEPTEMBER 2, 2020 Priscilla Winters filed this action seeking review of a decision by the Commissioner of Social Security (“Commissioner”) denying Winters’ claim for social security disability benefits and supplemental security income.2 In June 2020, Magistrate Judge William I. Arbuckle issued a Report and Recommendation recommending that this Court affirm the Commissioner’s decision and close this case.3 Winters filed timely objections to that recommendation arguing that, for three different reasons, Magistrate Judge Arbuckle erred in concluding that the Commissioner’s decision was support by substantial evidence.4

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, 11. 3 Doc. 16. “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 Although this Court may have reached a different decision than the Commissioner,

given the deferential standard of review that must be applied, the Court finds no error in Magistrate Judge Arbuckle’s conclusion that the Commissioner’s decision is supported by substantial evidence. Consequently, IT IS HEREBY ORDERED that: 1. Magistrate William I. Arbuckle’s Report and Recommendation (Doc. 16)

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

(g); and

4. The Clerk of Court is direct to CLOSE this case. BY THE COURT:

s/ Matthew W. Brann Matthew W. Brann United States District Judge

5 Equal Emp’t Opportunity Comm’n v. City of Long Branch,

(3d Cir. 2017) (quoting

(b)(1)). 6

(b)(1); Local Rule 72.31.