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)

Download PDF
1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Debra M. Rose, Plaintiff, 10 11 v. 12 Michael J. Astrue, Commissioner of Social Security, 13 Defendant. 14 ) ) ) ) ) ) ) ) ) ) ) No. CV 10-120-TUC-FRZ ORDER 15 16 17 Plaintiff Debra M. Rose filed this action pursuant to 42 U.S.C. § 405(g) of the Social 18 Security Act for judicial review of the final decision of the Commissioner of the Social Security 19 Administration, denying her application for Social Security disability and Supplemental 20 Security Income disability benefits. 21 This matter was referred to the United States Magistrate Judge for all pretrial 22 proceedings and report and recommendation in accordance with the provisions of 28 U.S.C. § 23 636(b)(1) and LRCiv 72.1 and LRCiv 72.2, Rules of Practice of the United States District Court 24 for the District of Arizona. 25 On November 4, 2010, Magistrate Judge Jennifer C. Guerin issued her Report and 26 Recommendation, recommending that the District Court, after its independent review of the 27 record herein, remand this matter to the Administrative Law Judge (“ALJ”) for further 28 proceedings consistent with the Report and Recommendation. 1 The Report and Recommendation provides a thorough factual and medical history and 2 procedural background and an in-depth analysis of the claims under the appropriate legal 3 standards. 4 Magistrate Judge Guerin specifically found that the substantial evidence does not support 5 the ALJ’s finding that Plaintiff engaged in substantial gainful activity or that Plaintiff could 6 perform her past relevant work as a hairdresser; that the ALJ did not follow the prescribed 7 method in determining whether Plaintiff’s mental impairment met or equaled a listed 8 impairment; that the ALJ failed to properly evaluate the July 2008 opinion of Hubert R. Estes, 9 M.D., and that the ALJ should consider the August 2009 report of Noelle Rohen, P.h.D. 10 Magistrate Judge Guerin did find that the ALJ did not mischaracterize Plaintiff’s MRI. 11 Defendant filed an Objection to the Report and Recommendation, aguing that there is 12 substantial evidence of record to support the ALJ’s findings and the decision of the 13 Commissioner that Plaintiff did not meet the disability requirements of the Social Security Act. 14 The Court finds, after consideration of all matters presented and an independent review 15 of the record herein, including Defendant’s objection and Plaintiff’s response thereto, that the 16 findings of the Magistrate Judge as set forth in the Report and Recommendation, shall be 17 accepted and adopted as the findings of fact and conclusions of law of the Court. Accordingly, 18 IT IS HEREBY ORDERED that Magistrate Judge Guerin’s Report and 19 Recommendation [Doc.#18] is hereby ACCEPTED and ADOPTED as the findings of fact and 20 conclusions of law by this Court; 21 IT IS FURTHER ORDERED that Plaintiff’s claim for benefits is REMANDED to the 22 Commissioner of the Social Security Administration for further proceedings in accordance with 23 the Report and Recommendation. 24 25 DATED this 8th day of April, 2011. 26 27 28 -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?