Lopez v. Astrue

Filing 25

ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION. Plaintiffs claim for benefits is REMANDED to the Commissioner of the Social Security Administration for further proceedings in accordance with the Report and Recommendation;The judgment be entered accordingly. Signed by Senior Judge Frank R Zapata on 06/03/13. (LMF)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Frank Hidalgo Lopez,
Plaintiff,

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v.

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Carolyn W. Colvin,1 Acting
Commissioner of Social Security,

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Defendant.
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No. CV 10-652-TUC-FRZ (JR)
ORDER

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Plaintiff Frank Hidalgo Lopez filed this action pursuant to 42 U.S.C. § 405(g) of the

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

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Security Administration, denying his application for Social Security disability insurance

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benefits under Title II of the Social Security Act, 42 U.S.C. §§ 401-433. Plaintiff’s appeal

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raises seven issues challenging the denial of 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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1. Carolyn W. Colvin became the Acting Commissioner of Social Security on February 14, 2013.
Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Carolyn W. Colvin should be
substituted for Michael J. Astrue as the defendant in this suit. No further action need be taken to
continue this suit by reason of the last sentence of section 205(g) of the Social Security Act, 42 U.S.C.
§ 405(g).

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On April 12, 2013, Magistrate Judge Jacqueline M. Rateau 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 case for further proceedings and further development of the record.

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The Report and Recommendation provides a thorough factual background and medical

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history and an in-depth legal analysis of the claims under the applicable legal standards therein,

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carefully considering the evidence of the treating and examining physicians, Plaintiff’s

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testimony at the administrative hearing, and the findings of the Administrative Law Judge.

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The Report and Recommendation advised the parties that they may file written

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objections within fourteen (14) days from the date of service of a copy of the Report and

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Recommendation. See 28 U.S.C. § 636(b)(1) and Rules 72(b) of Federal Rules of Civil

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Procedure.

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Defendant filed a notice that it will not file objections to the Report and
Recommendation.

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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, that the findings of the Magistrate Judge as set forth in the Report and

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Recommendation, shall be accepted and adopted as the findings of fact and conclusions of law

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of this Court. Accordingly,

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

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Recommendation (Doc. 22) 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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IT IS FURTHER ORDERED that judgment be entered accordingly.

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DATED this 3rd day of June, 2013.

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