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Bermudez v. Colvin

United States District Court, M.D. Pennsylvania

September 22, 2014

CARLOS MANUEL BERMUDEZ, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.

ORDER

CHRISTOPHER C. CONNER, Chief District Judge.

AND NOW, this 22nd day of September, 2014, upon consideration of the report (Doc. 18) of Magistrate Judge Gerald B. Cohn, recommending the court dismiss the appeal (Doc. 1) of plaintiff Carlos Manuel Bermudez ("Bermudez") from the decision of the administrative law judge ("ALJ") denying his claim for disability insurance benefits and supplemental security income, wherein Judge Cohn finds the ALJ's decision to be supported by substantial evidence, and, after an independent review of the record, the court in full agreement with Judge Cohn that the ALJ's decision is supported by substantial evidence, see 42 U.S.C. ยง 405(g) ("The findings of the [Commissioner] as to any fact, if supported by substantial evidence, shall be conclusive."); also Fargnoli v. Massanari , 247 F.3d 34, 38 (3d Cir. 2001) ("Where... findings of fact are supported by substantial evidence, [the district court is] bound by those findings, even if [the court] would have decided the factual inquiry differently."), and the court noting that

Bermudez filed objections[1] (Doc. 19) to the report, and the Commissioner of Social Security[2] filed a response (Doc. 20), and the court finding Judge Cohn's analysis to be thorough, well-reasoned, and fully supported by the record, and the court further finding Bermudez's objections to be without merit and squarely addressed by the Magistrate Judge's report, it is hereby ORDERED that:

1. The report (Doc. 18) of Magistrate Judge Cohn is ADOPTED.
2. The decision of the Commissioner denying Carlos Manuel Bermudez's application for disability insurance benefits and supplemental security income is AFFIRMED.
3. The Clerk of Court shall enter judgment in favor of the Commissioner and against Carlos Manuel Bermudez as set forth in Paragraph 2.
4. The Clerk of Court is directed to CLOSE this case.

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