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Kingsley v. Astrue

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


May 27, 2008

DAVID EUGENE KINGSLEY, PLAINTIFF
v.
MICHAEL J. ASTRUE, DEFENDANT

The opinion of the court was delivered by: Christopher C. Conner United States District Judge

(Judge Conner)

ORDER AND NOW, this 27th day of May 2008, upon consideration of the report of the magistrate judge (Doc. 12), to which objections were filed, recommending that plaintiff's social security appeal be denied, and, following an independent review of the record, it appearing that the administrative law judge ("ALJ") properly accorded substantial credibility to plaintiff's work history,*fn1 see Reider v. Apfel, 115 F. Supp. 2d 496, 505 (M.D. Pa. 2000) (citing Dobrowolsky v. Califano, 606 F.2d 403, 409 (3d Cir. 1979)) (stating that "[w]hen a claimant has worked for a long period of time, his testimony about his work capabilities should be accorded substantial credibility"), and that the ALJ properly addressed the opinions of the treating physicians, see Plummer v. Apfel, 186 F.3d 422, 429 (3d Cir. 1999) (stating that "an ALJ may reject a treating physician's opinion . . . on the basis of contradictory medical evidence"), it is hereby ORDERED that:

1. The report and recommendation of the magistrate judge (Doc. 12) 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.


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