Rose v. Astrue

Filing 21

ORDER ADOPTING 18 Report and Recommendations; Plaintiff's claim is REMANDED to the Commissioner of the Social Security Administration for further proceedings. Signed by Senior Judge Frank R Zapata on 4/8/11. (SMBE)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Debra M. Rose,
Plaintiff,

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v.

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Michael J. Astrue, Commissioner of
Social Security,

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Defendant.
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No. CV 10-120-TUC-FRZ
ORDER

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Plaintiff Debra M. Rose filed this action pursuant to 42 U.S.C. § 405(g) of the Social

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Security Act for judicial review of the final decision of the Commissioner of the Social Security

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Administration, denying her application for Social Security disability and Supplemental

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Security Income disability benefits.

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This matter was referred to the United States Magistrate Judge for all pretrial

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proceedings and report and recommendation in accordance with the provisions of 28 U.S.C. §

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636(b)(1) and LRCiv 72.1 and LRCiv 72.2, Rules of Practice of the United States District Court

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for the District of Arizona.

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On November 4, 2010, Magistrate Judge Jennifer C. Guerin issued her Report and

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Recommendation, recommending that the District Court, after its independent review of the

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record herein, remand this matter to the Administrative Law Judge (“ALJ”) for further

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proceedings consistent with the Report and Recommendation.

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The Report and Recommendation provides a thorough factual and medical history and

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procedural background and an in-depth analysis of the claims under the appropriate legal

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standards.

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Magistrate Judge Guerin specifically found that the substantial evidence does not support

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the ALJ’s finding that Plaintiff engaged in substantial gainful activity or that Plaintiff could

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perform her past relevant work as a hairdresser; that the ALJ did not follow the prescribed

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method in determining whether Plaintiff’s mental impairment met or equaled a listed

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impairment; that the ALJ failed to properly evaluate the July 2008 opinion of Hubert R. Estes,

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M.D., and that the ALJ should consider the August 2009 report of Noelle Rohen, P.h.D.

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Magistrate Judge Guerin did find that the ALJ did not mischaracterize Plaintiff’s MRI.

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Defendant filed an Objection to the Report and Recommendation, aguing that there is

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substantial evidence of record to support the ALJ’s findings and the decision of the

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Commissioner that Plaintiff did not meet the disability requirements of the Social Security Act.

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The Court finds, after consideration of all matters presented and an independent review

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of the record herein, including Defendant’s objection and Plaintiff’s response thereto, that the

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findings of the Magistrate Judge as set forth in the Report and Recommendation, shall be

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accepted and adopted as the findings of fact and conclusions of law of the Court. Accordingly,

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IT IS HEREBY ORDERED that Magistrate Judge Guerin’s Report and

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Recommendation [Doc.#18] is hereby ACCEPTED and ADOPTED as the findings of fact and

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conclusions of law by this Court;

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IT IS FURTHER ORDERED that Plaintiff’s claim for benefits is REMANDED to the

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Commissioner of the Social Security Administration for further proceedings in accordance with

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the Report and Recommendation.

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DATED this 8th day of April, 2011.

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