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Suarez v. Astrue

United States District Court, E.D. Pennsylvania

May 8, 2013

LUZ SUAREZ,
v.
MICHAEL J. ASTRUE Commissioner for Social Security

Order Filed: November 29, 2012

Page 328

For LUZ SUAREZ, Plaintiff: MICHAEL PATRICK BOYLE, LEAD ATTORNEY, PHILADELPHIA, PA.

For MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, Defendant: ANDREW C. LYNCH, SSA/OGC REGION 3, PHILADELPHIA, PA; NICOLE A. SCHMID, SOCIAL SECURITY ADMIN., OGC, REGION III, ASSISTANT REGIONAL COUNSEL, PHILADELPHIA, PA; SANDRA ROMAGNOLE, OFFICE OF GENERAL COUNSEL SSA, PHILADELPHIA, PA.

ORDER

Page 329

THOMAS N. O'NEILL, JR., J.

AND NOW, this 8th day of May, 2013, upon consideration of Magistrate Hart's Report and Recommendation (Dkt. No. 14), plaintiff Luz Suarez's Objections to the Report and Recommendation (Dkt. No. 15), defendant Michael Astrue's response thereto (Dkt. No. 16) and the well-developed record, it is ORDERED that:

1. Plaintiff's Objections [1] to the Magistrate Judge's Report and Recommendation are OVERRULED; and
2. Magistrate Judge Hart's Report and Recommendation is APPROVED and ADOPTED.

3. JUDGMENT is entered in favor of the Commissioner, affirming the decision of the Commissioner, and against plaintiff Suarez.

REPORT AND RECOMMENDATION

JACOB P. HART, UNITED STATES MAGISTRATE JUDGE.

Luz Suarez brought this action under 42 U.S.C. § 405(g) to obtain review of the decision of the Commissioner of Social Security denying her claim for Supplemental Security Income (" SSI" ). She has filed a Request for Review to which the Commissioner has responded. For the reasons that follow, I recommend that Suarez's Request for Review be denied and judgment granted in favor of the Commissioner.

I. Factual and Procedural Background

Suarez was born on November 10, 1970. Record at 132. She left school after completing the ninth grade. Record at 153. She worked for a short time placing phone calls for a debt collection service. Record at 158.

On December 8, 2008, Suarez applied for SSI. Record at 132. She alleged disability since June 1, 2005, on the basis of rheumatoid arthritis. Record at 132, 147. Her claim was denied on or about February 18, 2009. Record at 87. She then requested a hearing de novo before an Administrative Law Judge (" ALJ" ). Record at 93.

A hearing took place on January 20, 2010. Record at 27. On July 30, 2010, however, the ALJ issued a written decision denying benefits. Record at 11. The Appeals Council denied Suarez's request for review, permitting the ALJ's decision to stand as the final decision of the Commission. Record at 1. Suarez subsequently filed this action.

Page 330

II. Legal Standards


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