Opinion
3:22-CV-01185
11-29-2023
REBECCA DEPUE, Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant.
Saporito Magistrate Judge.
ORDER
Matthew W. Brann Chief United States District Judge
Rebecca DePue filed this action seeking review of a decision of the Acting Commissioner of Social Security (“Commissioner”) denying DePue's claim for social security disability benefits. In August 2023, Magistrate Judge Joseph F. Saporito, Jr. issued a Report and Recommendation recommending that this Court affirm the Commissioner's decision.
Docs. 1, 18.
Doc. 25.
After receiving an extension of time, DePue filed timely objections to the Report and Recommendation. In her objections, DePue contends that Magistrate Judge Saporito erred in: (1) failing to properly address a doctor's recommendation that DePue avoid balancing; (2) failing to account for the impact that an inability to balance may have on DePue's ability to perform sedentary work; and (3) concluding that the administrative law judge properly accounted for DePue's activities of daily living in rejecting two medical opinions.
Doc. 31.
Id.
“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.'”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. Upon de novo review of the record, the Court finds no error in Magistrate Judge Saporito's conclusion that, as a whole, the Commissioner's decision is supported by substantial evidence. Consequently, IT IS HEREBY ORDERED that:
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)).
28 U.S.C. § 636(b)(1); Local Rule 72.31.
1. Magistrate Judge Joseph F. Saporito, Jr.'s Report and Recommendation (Doc. 25) is ADOPTED;
2. The Commissioner's decision is AFFIRMED;
3. Final Judgment is entered in favor of Defendant and against DePue pursuant to Fed.R.Civ.P. 58 and sentence four of 42 U.S.C. § 405(g); and
4. The Clerk of Court is directed to CLOSE this case.