Opinion
4:22-CV-00626
09-27-2023
JASON FETTERHOFF, Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant.
Arbuckle, Magistrate Judge
ORDER
Matthew W. Brann, Chief United States District Judge
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. 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.
Docs. 1, 15.
Doc. 20.
Fetterhoff filed timely objections to the Report and Recommendation. 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 Kneifati, M.D.; and (3) the evidence presented to the appeals counsel was not material.
Doc. 23.
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 Arbuckle'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 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 42 U.S.C. § 405(g); and
4. The Clerk of Court is directed to CLOSE this case.