Lanum v. Astrue

Filing 28

ORDER ADOPTING REPORT AND RECOMMENDATIONS in its entirety and the court grants Plaintiff's motion for summary judgment, denies Defendant's motion for summary judgment, and remands the case to the Social Security Administration for a calculation of benefits. Signed by Judge Jeffrey T. Miller on 3/17/09; cc: SSA(tkl) (jrl).

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WANDA LANUM vs. Plaintiff, CASE NO. 07cv1948 JM(CAB) ORDER ADOPTING REPORT AND RECOMMENDATION

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

MICHAEL J. ASTRUE, Commissioner of Social Security Administration, Defendant. Having carefully considered Magistrate Judge Cathy Ann Bencivengo's thorough and thoughtful Report and Recommendation ("R & R") regarding the recommendation to grant Plaintiff's motion for summary judgment, to deny Defendant's motion for summary judgment, and to remand the case to the Social Security Administration for a calculation of benefits; the record before the court; the absence of any objections to the R & R; and applicable authorities, the court adopts the R & R in its entirety. In sum, the R & R is adopted in its entirety and the court grants Plaintiff's motion for summary judgment, denies Defendant's motion for summary judgment, and remands the case to the Social Security Administration for a calculation of benefits. The Clerk is instructed to close the file. IT IS SO ORDERED. DATED: March 17, 2009 Hon. Jeffrey T. Miller United States District Judge

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07cv1948