Lipinski v. Astrue

Filing 18

ORDER adopting and accepting 17 Report and Recommendations. It is further Ordered that Plaintiff's claim for benefits is REMANDED to the Administrative Law Judge for further proceedings in accordance with the Report andRecommendation. It is further Ordered that judgment be entered accordingly. Signed by Judge Raner C Collins on 3/27/2013.(MFR)

Download PDF
1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 David A. Lipinski, Plaintiff, 10 11 vs. 12 Carolyn W. Colvin, 13 Defendant. 14 ) ) ) ) ) ) ) ) ) ) ) ) No. CV 11-693-TUC-RCC (JR) ORDER 15 16 Plaintiff David A. Lipinski filed this action pursuant to 42 U.S.C. § 405(g) of the 17 Social Security Act for judicial review of the final decision of the Commissioner of the 18 Social Security Administration, denying his application for disability insurance benefits. 19 This matter was referred to United States Magistrate Judge Jacqueline M. Rateau for 20 all pretrial proceedings and report and recommendation in accordance with the provisions 21 of 28 U.S.C. § 636(b)(1) and LRCiv 72.1 and LRCiv 72.2, Rules of Practice of the United 22 States District Court for the District of Arizona. 23 On March 7, 2013, Magistrate Judge Jacqueline M. Rateau issued her Report and 24 Recommendation (Doc. 17), recommending that the District Court, after its independent 25 review of the record herein, remand this matter to the Administrative Law Judge to consider 26 and further evaluate the medical records and lay witness testimony. 27 The Report and Recommendation advised the parties that they may file written 28 objections within fourteen (14) days from the date of service of a copy of the Report and 1 Recommendation. See 28 U.S.C. § 636(b)(1) and Rule 72(b) of the Federal Rules of Civil 2 Procedure. No objections were filed. 3 The Court considers the Report and Recommendation to be thorough and well- 4 reasoned. After a thorough and de novo review of the record, the Court will ADOPT the 5 Recommendation of Magistrate Judge Rateau. Accordingly, 6 IT IS HEREBY ORDERED that Magistrate Judge Rateau’s Report and 7 Recommendation (Doc. 17) is hereby ACCEPTED and ADOPTED as the findings of fact 8 and conclusions of law by this Court. 9 IT IS FURTHER ORDERED that Plaintiff’s claim for benefits is REMANDED to 10 the Administrative Law Judge for further proceedings in accordance with the Report and 11 Recommendation. 12 IT IS FURTHER ORDERED that judgment be entered accordingly. 13 DATED this 27th day of March, 2013. 14 15 16 17 18 19 20 21 22 23 24 25 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?