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IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

KENDALL Y. AGUASVIVAS :

: No.4:CV-04-1279

Plaintiff, :

:

v. : (Judge McClure)

: (Magistrate Judge Mannion)

JO ANNE B. BARNHART :

Commissioner of Social Security :

Defendant. :

O R D E R

May 17, 2005

BACKGROUND:

On June 14, 2004, Tonya L. Aguasvivas, acting on behalf of her minor

daughter, Kendall Y. Aguasvivas, commenced this civil action under 42 U.S.C. §

405(g), in order to obtain judicial review of the administrative decision by the

Commissioner of Social Security that denied plaintiff’s application for disability

benefits. Plaintiff asserts in her complaint that the Commissioner’s decision is not

supported by substantial evidence.

The matter was originally referred to Magistrate Judge Malachy E. Mannion.

On April 25, 2005, Magistrate Judge Mannion filed a 16-page report and

recommendation recommending that the plaintiff’s appeal from the decision of the

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Commissioner of Social Security be denied. No objections have been filed to the

report and recommendation. We agree with the magistrate judge that substantial

evidence supports the Commissioner’s decision to deny plaintiff benefits.

DISCUSSION:

A district court reviews de novo those portions of a magistrate judge’s

report and recommendation to which a party objects. L.R. 72.3. The court may

“accept, reject, or modify, in whole or in part, the findings or recommendations

made by the magistrate judge.” Id.

Plaintiff has filed no objections to the magistrate judge’s report and

recommendation. The report and recommendation is carefully reasoned and

addresses each of plaintiff’s three arguments raised on appeal.

First, we agree with the magistrate judge that the ALJ did consider plaintiff’s

behavior problems in determining the plaintiff’s limitations, and properly found that

the record as a whole did not support the alleged severity of plaintiff’s behavior

problems. (Report & Recommendation, Rec. Doc. No. 13, at 11-13 & Tr., Rec.

Doc. No. 8, at 21-22.) Second, the magistrate judge properly rejected the

plaintiff’s claim that the ALJ failed to consider all of the plaintiff’s impairments in

combination. (Rec. Doc. No. 13, at 13-14.) Finally, we agree with the magistrate

judge that the ALJ properly analyzed the reasons for the plaintiff’s non-compliance

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with the prescribed treatment. As addressed by the magistrate judge, the evidence

in the record repeatedly indicated that plaintiff’s non-compliance with prescribed

treatment was caused by her parents. (Rec. Doc. No. 13, at 14-16.) 

NOW, THEREFORE, IT IS HEREBY ORDERED THAT:

1. The report and recommendation of United States Magistrate Judge

Malachy E. Mannion (Rec. Doc. No. 13), is adopted in full for the reasons set forth

therein.

2. The appeal from the decision of the Commissioner of Social Security

is denied, and the action of the Commissioner is affirmed. 

3. The clerk is directed to close the case file.

 s/ James F. McClure, Jr. 

James F. McClure, Jr.

United States District Judge

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