Close v. Colvin

Filing 29

ORDER ADOPTING 28 Report and Recommendations, REPORT AND RECOMMENDATIONS. GRANTING 26 Motion to Remand to Agency DENYING 14 Motion for Summary Judgment, and DENYING 13 Motion for Summary Judgment. Plaintiffs claim for benefits is REMAND ED to the Commissioner of the Social Security Administration pursuant to sentence six for further proceedings in accordance with the Report and Recommendation; Judgment be entered accordingly. Signed by Senior Judge Frank R Zapata on 3/29/12. (SMBE)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Sandy Close, Plaintiff, 10 11 v. 12 Michael J. Astrue, Commissioner of Social Security, 13 Defendant. 14 ) ) ) ) ) ) ) ) ) ) ) No. CV 08-030-TUC-FRZ (CRP) ORDER 15 16 Plaintiff Sandy Close filed this action pursuant to 42 U.S.C. § 405(g) of the Social 17 Security Act for judicial review of the final decision of the Commissioner of the Social Security 18 Administration, denying her application for Social Security disability and Supplemental 19 Security Income disability benefits. 20 This matter was referred to the United States Magistrate Judge for all pretrial 21 proceedings and report and recommendation in accordance with the provisions of 28 U.S.C. § 22 636(b)(1) and LRCiv 72.1 and LRCiv 72.2, Rules of Practice of the United States District Court 23 for the District of Arizona. 24 On January 12, 2012, Magistrate Judge Charles R. Pyle issued his Report and 25 Recommendation, recommending that the District Court, after its independent review of the 26 record herein, remand this matter under sentence six to allow the Commissioner to consider the 27 new evidence and modify or affirm the findings of fact or decision, in accordance with the 28 Report and Recommendation. 1 2 The Report and Recommendation provides a thorough legal analysis of the claims under the appropriate legal standards. 3 The Report and Recommendation advised the parties that they may file written 4 objections within fourteen (14) days from the date of service of a copy of the Report and 5 Recommendation, See 28 U.S.C. § 636(b)(1) and Rules 72(b) of Federal Rules of Civil 6 Procedure. 7 No objections were filed. 8 The Court finds, after consideration of all matters presented and an independent review 9 of the record herein, that the findings of the Magistrate Judge as set forth in the Report and 10 Recommendation, shall be accepted and adopted as the findings of fact and conclusions of law 11 of this Court. Accordingly, 12 IT IS HEREBY ORDERED that Magistrate Judge Pyle’s Report and Recommendation 13 [Doc.#28] is hereby ACCEPTED and ADOPTED as the findings of fact and conclusions of 14 law by this Court; 15 IT IS FURTHER ORDERED that Plaintiff’s claim for benefits is REMANDED to the 16 Commissioner of the Social Security Administration pursuant to sentence six for further 17 proceedings in accordance with the Report and Recommendation; 18 IT IS FURTHER ORDERED that Judgment be entered accordingly. 19 20 DATED this 29th day of March, 2012. 21 22 23 24 25 26 27 28 -2-

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