Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Pizzi v. Saul

United States District Court, E.D. Pennsylvania

July 8, 2019

TIFFANY PIZZI
v.
ANDREW SAUL,[1] COMMISSIONER OF SOCIAL SECURITY

          ORDER

          Juan R. Sánchez, C.J.

         AND NOW, this 8th day of July, 2019, upon consideration of Plaintiff Tiffany Pizzi's Motion for Summary Judgment, and Defendant Andrew Saul, Commissioner of Social Security's response thereto, and after careful review of the Report and Recommendation of United States Magistrate Judge Lynne A. Sitarski, Pizzi's objections, and the Commissioner's response to Pizzi's objections, it is ORDERED:

         1. Pizzi's objections to the Report and Recommendation (Document 13) are OVERRULED;[2]

         2. The Report and Recommendation (Document 12) is APPROVED and ADOPTED;

         3. Pizzi's Motion for Summary Judgment (Document 9) is DENIED; and

         4. Judgment is entered in favor of the Commissioner by separate order, filed contemporaneously.

         The Clerk of Court is directed to mark this case CLOSED.

---------

Notes:

[1] Andrew Saul became the Commissioner of Social Security on June 17, 2019. Pursuant to Federal Rule of Civil Procedure 25(d), Saul is substituted for Nancy A. Berryhill as the Defendant in this case.

[2] Plaintiff Tiffany Pizzi seeks review of the denial of her application for Supplemental Security Income by the Commissioner of Social Security. In a decision issued on June 29, 2016, an Administrative Law Judge (ALJ) concluded Pizzi was not disabled after applying the Social Security Administration's five-step sequential evaluation process. See 20 C.F.R. § 404.1520. The ALJ first found Pizzi had not engaged in substantial gainful employment since March 27, 2014, the application date. Second, he determined Pizzi had the following severe impairments: degenerative disc disease-lumbar spine, depression, and anxiety. Third, the ALJ found Pizzi's impairments did not equal the severity of one of the listed impairments in 20 C.F.R. Part 404, Subpart P, Appendix 1. Fourth, subject to certain restrictions, the ALJ concluded Pizzi had the residual functional capacity (RFC) to perform sedentary work as defined in 20 C.F.R. 416.967(a). Finally, despite these restrictions, the ALJ determined jobs exist in significant numbers in the national economy that Pizzi could perform.

In her Request for Review, Pizzi argues the ALJ's decision is not supported by substantial evidence because he (1) failed to properly consider all of the medical opinions contained in the record; (2) failed to consider all of Pizzi's impairments when formulating her RFC; and (3) failed to properly consider all of Pizzi's impairments in combination when determining if her conditions qualified as a listed impairment. On March 25, 2019, United States Magistrate Judge Lynne A. Sitarski issued a Report and Recommendation (R&R) addressing these alleged errors, concluding the ALJ's decision was supported by substantial evidence and recommending the Commissioner's denial of benefits be affirmed.

On April 10, 2019, Pizzi filed objections to the R&R reasserting the arguments she made in her Request for Review. Specifically, Pizzi argues the ALJ (1) “fail[ed] to properly consider all of the medical opinions contained in the record, ” Objs. 1; (2) “fail[ed] to properly consider all of Ms. Pizzi's impairments, ” id. at 5; and (3) “fail[ed] to properly consider all of Ms. Pizzi's impairments in combination, ” id. at 7. Pursuant to 28 U.S.C. § 636(b)(1), this Court reviews de novo “those portions of the report or specified proposed findings or recommendations to which objection is made.”

Upon de novo review of the record, and in light of the fact that Judge Sitarski has already considered and addressed the arguments set forth in her objections, Pizzi's objections are overruled for the reasons stated in the R&R. The Court will nevertheless briefly address Pizzi's argument that the ALJ ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.