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

LARRY EISENHART, No. 1:20-CV-02249

Plaintiff, (Chief Judge Brann)

v. (Magistrate Judge Carlson)

KILOLO KIJAKAZI,1 Acting Commissioner of Social Security,

Defendant.

ORDER MARCH 3, 2022 Larry Eisenhart filed this action seeking review of a decision of the Acting Commissioner of Social Security (“Commissioner”) denying Eisenhart’s claim for social security disability benefits.2 In December 2021, Magistrate Judge Martin C. Carlson issued a Report and Recommendation recommending that this Court affirm the Commissioner’s decision and close this case.3 Eisenhart filed timely objections to the Report and Recommendation.4 In his objections, Eisenhart contends that Magistrate Judge Carlson erred in concluding that the administrative law judge: properly weighed the medical opinion of Dr. John

1 Pursuant to Federal Rule of Civil Procedure 25(d), Kilolo Kijakazi, as the successor officer to Andrew Saul, Commissioner of Social Security, is automatically substituted as Defendant in this action. 2 Doc. 1. 3 Doc. 24. Tardibuono; properly accounted for all of Eisenhart’s functional limitations; and correctly found that Eisenhart’s ability to move furniture and rob a bank undercut

his reported physical limitations.5 “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.’”6 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.7 Upon de novo review of the record, the Court finds no error in Magistrate

Judge Carlson’s conclusion that the Commissioner’s decision is supported by substantial evidence. Although Eisenhart disputes some of Magistrate Judge Carlson’s observations and conclusions, Magistrate Judge Carlson correctly

determined that, as a whole, the ALJ’s decision is supported by substantial evidence. Consequently, IT IS HEREBY ORDERED that: 1. Magistrate Judge Martin C. Carlson’s Report and Recommendation (Doc. 24) is ADOPTED;

2. The Commissioner’s decision is AFFIRMED;

5 Id. 6 Equal Emp’t Opportunity Comm’n v. City of Long Branch,

(3d Cir. 2017) (quoting

(b)(1)). 3. Final Judgment is entered in favor of Defendant and against Eisenhart pursuant to Fed. R. Civ. P. 58 and sentence four of

(g);

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

BY THE COURT:

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