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White v. Astrue

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


March 11, 2008

GINA M. WHITE PLAINTIFF
v.
MICHAEL J. ASTRUE COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION DEFENDANT

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 11th day of March, 2008, upon consideration of the report and recommendation of the magistrate judge (Doc. 14), to which no objections were filed, and, following an independent review of the record, it appearing that the decision of the administrative law judge ("ALJ") denying benefits to plaintiff was supported by substantial evidence*fn1 including various medical opinions and the opinion of a vocational expert (see Doc. 8 at 18-21), that, although the ALJ's decision did not explicitly list fibromyalgia as one of plaintiff's severe impairments, the ALJ considered and adopted a physician's report that identified fibromyalgia as plaintiff's primary diagnosis (see Doc. 8 at 20), that the ALJ's determination that plaintiff lacked credibility was justified to the extent that plaintiff's subjective testimony was inconsistent with the objective medical evidence, see 20 C.F.R. § 404.1529(a), and that plaintiff cannot use a physician's opinion to show that the ALJ's decision was not supported by substantial evidence where the opinion was solicited by plaintiff after the ALJ's decision,*fn2 see Jones v. Sullivan, 954 F.2d 125, 128 (3d Cir. 1991) (finding that evidence that was not before the ALJ at the time of decision could not be used to argue that the decision was not supported by substantial evidence), it is hereby ORDERED that:

1. The report and recommendation of the magistrate judge (Doc. 14) is ADOPTED.

2. Plaintiff's appeal from the decision of the Commissioner of Social Security (Doc. 1) is DENIED.

3. The Clerk of Court is directed to CLOSE this case.

CHRISTOPHER C. CONNER United States District Judge


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