(SS) Vega v. Commissioner of Social Security

Filing 19

ORDER ADOPTING Findings and Recommendations; GRANTING Plaintiff's Motion for Summary Judgment, DENYING Defendant's Request to Affirm, and REMANDING for further proceedings pursuant to Sentence Four of 42 U.S.C. § 405(g). ORDER DIRECTING entry of Judgment in favor of Plaintiff, Desira Vega and against Defendant, Martin O'Malley, Commissioner of Social Security 15 , 16 , 18 signed by District Judge Jennifer L. Thurston on 3/26/2024. CASE CLOSED. (Lundstrom, T)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
DESIRA VEGA,

11

Case No. 1:22-cv-0661 JLT GSA
Plaintiff,

12
13
v.

14

MARTIN O’MALLEY,
Commissioner of Social Security,1

15

ORDER ADOPTING THE FINDINGS AND
RECOMMENDATIONS, GRANTING
PLAINTIFF’S MOTION FOR SUMMARY
JUDGMENT, DENYING DEFENDANT’S
REQUEST TO AFFIRM, AND REMANDING
FOR FURTHER PROCEEDINGS PURSUANT
TO SENTENCE FOUR OF 42 U.S.C. § 405(g)

18

ORDER DIRECTING ENTRY OF JUDGMENT
IN FAVOR OF PLAINTIFF DESIRA VEGA
AND AGAINST DEFENDANT MARTIN
O’MALLEY, COMMISSIONER OF SOCIAL
SECURITY

19

(Docs. 15, 16, 18)

16
Defendant.
17

20
Desira Vega initiated this action seeking judicial review of a final decision of the

21
22

Commissioner of Social Security denying her application for supplemental security income under

23

Title XVI of the Social Security Act. (Doc. 1.) The assigned magistrate judge determined

24

Plaintiff did not show error by the ALJ in determining her mental residual functional capacity.

25

(Doc. 18 at 11-13.) However, the magistrate judge found the ALJ erred in evaluating the medical

26
27
28

Martin O’Malley became the Commissioner of Social Security on December 20, 2023. Pursuant to Rule
25(d) of the Federal Rules of Civil Procedure, the Court substitutes Martin O’Malley as the defendant in
this suit.
1

1

1

record related to Plaintiff’s physical impairments and failed to properly “incorporate Plaintiff’s

2

limitation to occasional reaching in all direction with the right upper extremity” in the residual

3

functional capacity. (Id. at 13, emphasis omitted.) Therefore, the magistrate judge recommended

4

Plaintiff’s motion for summary judgment be granted, the matter be remanded for further

5

administrative proceedings, and that judgment be entered in favor of Plaintiff. (Id. at 14.)

6

The Court served the Findings and Recommendations and notified the parties that any

7

objections were due within 14 days. (Doc. 18 at 14.) The Court advised the parties that the

8

“failure to file objections within the specified time may result in the waiver of rights on appeal.”

9

(Id., citing Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014).) Neither party filed

10
11

objections, and the time to do so has passed.
According to 28 U.S.C. § 636 (b)(1)(c), this Court performed a de novo review of the

12

case. Having carefully reviewed the matter, the Court concludes the Findings and

13

Recommendations are supported by the record and proper analysis. Thus, the Court ORDERS:

14

1.

15

The Findings and Recommendations issued on February 28, 2024 (Doc. 18) are
ADOPTED in full.

16

2.

Plaintiff’s motion for summary judgment (Doc. 15) is GRANTED.

17

3.

Defendant’s request to affirm the decision (Doc. 16) is DENIED.

18

4.

The matter is REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) for

19
20

further proceedings.
5.

The Clerk of Court is directed to enter judgment in favor of Plaintiff Desira Vega,

21

and against Defendant Martin O’Malley, Commissioner of Social Security, and to

22

close this case.

23
24
25

IT IS SO ORDERED.
Dated:

March 26, 2024

26
27
28
2