Sager v. Saul

District Court, M.D. Pennsylvania

Sager v. Saul

Trial Court Opinion

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

JEROMY SAGER, No. 3:21-CV-00100

Plaintiff, (Chief Judge Brann)

v. (Magistrate Judge Carlson)

KILOLO KIJAKAZI,1 Acting Commissioner of Social Security,

Defendant.

ORDER MARCH 11, 2022 Jeromy Sager filed this action seeking review of a decision of the Acting Commissioner of Social Security (“Commissioner”) denying Sager’s claim for social security disability benefits.2 In February 2022, Magistrate Judge Martin C. Carlson issued a Report and Recommendation recommending that this Court affirm the Commissioner’s decision and close this case.3 Sager filed timely objections to the Report and Recommendation.4 In his objections, Sager asserts that Magistrate Judge Carlson erred in concluding that the administrative law judge (ALJ) properly weighed the medical opinion evidence, and

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 Docs. 1, 16. 3 Doc. 20. properly accounted for all functional limitations provided for in the persuasive medical opinions.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 recommendation. Although Sager 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. 20) is ADOPTED; 2. The Commissioner’s decision is AFFIRMED; 3. Final Judgment is entered in favor of Defendant and against Sager

pursuant to Fed. R. Civ. P. 58 and sentence four of

42 U.S.C. § 405

(g); and

5

Id.

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

866 F.3d 93, 99

(3d Cir. 2017) (quoting

28 U.S.C. § 636

(b)(1)). 4. The Clerk of Court is direct to CLOSE this case.

BY THE COURT:

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

Reference

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