Summary
noting the plaintiff's focus on the ALJ's failure to discuss regional jobs was misplaced because the relevant inquiry is whether work exists in the national economy
Summary of this case from Smith v. Comm'r of Soc. Sec.Opinion
No. 3:16cv903
08-23-2017
KIMBERLY ANN BRININGER, Plaintiff v. NANCY A. BERRYHILL acting Commissioner of Social Security, Defendant
( )
(Chief Magistrate Judge Schwab)
ORDER
AND NOW, to wit, this 23rd day of August 2017, we have before us for disposition Chief Magistrate Judge Susan E. Schwab's report and recommendation, which proposes the denial of plaintiff's social security appeal. No objections to the report and recommendation have been filed, and the time for such filing has passed. Therefore, in deciding whether to adopt the report and recommendation, we must determine if a review of the record evidences plain error or manifest injustice. FED. R. CIV. P. 72(b) 1983 Advisory Committee Notes ("When no timely objection is filed, the court need only satisfy itself that there is no clear error on the face of the record to accept the recommendation"); see also 28 U.S.C. § 636(b)(1); Sullivan v. Cuyler, 723 F.2d 1077, 1085 (3d Cir. 1983).
After a careful review, we find neither a clear error on the face of the record nor a manifest injustice, and therefore, we shall adopt the report and recommendation. It is hereby ORDERED as follows:
1) The chief magistrate judge's report and recommendation (Doc. 17) is ADOPTED;
2) The plaintiff's social security appeal (Doc. 1) is DENIED; and
3) The Clerk of Court is directed to close this case.
BY THE COURT:
/s/ _________
JUDGE JAMES M. MUNLEY
United States District Court