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Wright v. Astrue

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


June 25, 2008

NOVAJO J. WRIGHT, PLAINTIFF
v.
MICHAEL J. ASTRUE, DEFENDANT

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 25th day of June 2008, upon consideration of the report of the magistrate judge (Doc. 14), to which objections were filed (see Doc. 15), recommending that plaintiff's social security appeal be denied, and, following an independent review of the record, it appearing that substantial evidence*fn1 supports the administrative law judge's ("ALJ") evaluation of the opinions of Dr. Esther VanDyke and Dr. Michael Lavin, and that the ALJ was not required to pose hypothetical questions of the vocational expert about impairments alleged by plaintiff that were not supported by the record,*fn2 and the court finding that substantial evidence supports the ALJ's conclusion that plaintiff's testimony was not entirely credible regarding her usual daily activities, see Blue Ridge Erectors v. Occupational Safety & Health Review Comm'n, 261 F. App'x 408, 410 (3d Cir. 2008) (quoting St. George Warehouse, Inc. v. NLRB, 420 F.3d 294, 298 (3d Cir. 2005)) ("[T]he ALJ's credibility determinations should not be reversed unless inherently incredible or patently unreasonable"), 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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