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

JASON FETTERHOFF, No. 4:22-CV-00626

Plaintiff, (Chief Judge Brann)

v. (Magistrate Judge Arbuckle)

KILOLO KIJAKAZI, Acting Commissioner of Social Security,

Defendant.

ORDER SEPTEMBER 27, 2023 Jason Fetterhoff filed this action seeking review of a decision of the Acting Commissioner of Social Security (“Commissioner”) denying Fetterhoff’s claim for social security disability benefits.1 In July 2023, Magistrate Judge William I. Arbuckle issued a Report and Recommendation recommending that this Court affirm the Commissioner’s decision and close this case.2 Fetterhoff filed timely objections to the Report and Recommendation.3 In his objections, Fetterhoff contends that Magistrate Judge Arbuckle erred in concluding that: (1) the administrative law judge (“ALJ”) correctly evaluated Fetterhoff’s behavior during clinical visits; (2) the ALJ properly rejected the opinion of Ahmed

1 Docs. 1, 15. 2 Doc. 20. Kneifati, M.D.; and (3) the evidence presented to the appeals counsel was not material.4

“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 Upon de novo review of the record, the Court finds no error in Magistrate Judge Arbuckle’s conclusion that, as a whole, the Commissioner’s

decision is supported by substantial evidence. Consequently, IT IS HEREBY ORDERED that: 1. Magistrate Judge William I. Arbuckle’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 Fetterhoff pursuant to Fed. R. Civ. P. 58 and sentence four of

(g);

and

4

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. 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