King v. Commissioner of Social Security

Filing 26

ORDER ADOPTING REPORT AND RECOMMENDATIONS of Magistrate Judge Ferraro (Doc. 24). This matter is remanded for further administrative action consistent with the recommendations made by Magistrate Judge Ferraro and adopted by this Court. The Clerk of Court is directed to close this case and enter judgment accordingly. Signed by Chief Judge John M Roll on 9/6/10. (SGG)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This case involves an appeal by Plaintiff from the Commissioner's denial of social security benefits. On August 10, 2010, after a thorough and well-documented analysis, Magistrate Judge D. Thomas Ferraro issued a Report and Recommendation ("R&R") to this Court, recommending that the Commissioner's decision to deny benefits should be remanded under 42 U.S.C. 405(g) for further consideration and explanation by the Administrative Law Judge. Neither party filed an objection to the R&R. Further, Defendant Commissioner filed a notice that it would not file objections to the Magistrate Judge's recommendation. When there are no objections to the R&R, the Court will modify or set aside only those portions that are clearly erroneous or contrary to law. See 28 U.S.C. 636(b)(1); FED. R. CIV. P. 72; Johnson v. Zema Systems Corp., 170 F.3d 734, 739 (7th Cir. 1999); Conley v. Crabtree, 14 F. Supp. 2d 1203, 1204 (D. Or. 1998). The Court has carefully reviewed the entire record and concludes that Magistrate Judge Ferraro's recommendations are not clearly ) ) ) Plaintiff, ) ) vs. ) ) Michael J. Astrue, Commissioner of the) ) Social Security Administration, ) ) Defendant. ) ) Kevin King, No. CV 09-354-TUC-JMR ORDER ADOPTING MAGISTRATE JUDGE'S REPORT & RECOMMENDATION IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 erroneous or contrary to law. The Court agrees that, for the reasons enumerated in the R&R, this matter should be remanded to the agency for "additional investigation or explanation." INS v. Ventura, 537 U.S. 12, 16 (2002) (quoting Fla. Power & Light Co. v. Lorion, 470 U.S. 729, 744 (1985)); see also Moisa v. Barnhart, 367 F.3d 882, 886 (9th Cir. 2004). Accordingly, IT IS ORDERED that the REPORT AND RECOMMENDATION of Magistrate Judge Ferraro (Doc. 24) is ADOPTED in whole. Pursuant to 42 U.S.C. 405(g), this matter is remanded for further administrative action consistent with the recommendations made by Magistrate Judge Ferraro and adopted by this Court. The Clerk of Court is directed to close this case and enter judgment accordingly. DATED this 6th day of September, 2010. -2-

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