Rich v. Astrue

Filing 21

ORDER: Adopting re 20 Report and Recommendation; Granting in Part and Denying in Part 15 Motion for Summary Judgment; and Denying 16 Cross-Motion for Summary Judgment. It is hereby ordered that this case be remanded to the Commissioner of Social Security for further administrative proceedings consistent with this opinion. Signed by Judge Michael M. Anello on 11/16/2011. (Certifed Copy Sent to SSA) (All non-registered users served via U.S. Mail Service)(leh)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 JAMES LAWRENCE RICH, CASE NO. 10 CV 2022 MMA (BLM) Plaintiff, 12 vs. 14 ORDER ACCEPTING REPORT AND ADOPTING FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE; 15 [Doc. No. 20] 16 GRANTING IN PART AND DENYING IN PART PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT; 13 17 18 19 MICHAEL J. ASTRUE, Commissioner of Social Security, [Doc. No. 15] Defendant. DENYING DEFENDANT’S CROSS MOTION FOR SUMMARY JUDGMENT 20 21 [Doc. No. 16] 22 23 On September 28, 2010, Plaintiff James Rich filed this appeal of the final judgment of the 24 Commissioner of Social Security denying his claim for Disability Insurance Benefits and 25 Supplemental Security Income. The matter was referred to the Honorable Barbara L. Major, United 26 States Magistrate Judge, pursuant to 28 U.S.C. § 636(b)(1)(B) and Civil Local Rule 72.1. On 27 September 19, 2011, Judge Major filed a thorough and well-reasoned Report containing findings and 28 conclusions, upon which she bases her recommendation that the Court grant Plaintiff’s motion for -1- 10cv2022 1 summary judgment in part, deny Defendant’s cross-motion for summary judgment, and remand this 2 case to the Commissioner for further proceedings consistent with her recommendation. 3 4 5 Neither party objected to the Report and Recommendation, and the time for filing objections has expired. The Court has considered the pleadings and memoranda of the parties as well as the 6 administrative record, and has made a review and determination in accordance with the requirements 7 of 28 U.S.C. § 636 and applicable case law. Accordingly, good cause appearing, 8 IT IS HEREBY ORDERED THAT: 9 1. The Report and Recommendation [Doc. No. 20] is ADOPTED in its entirety; 10 2. Plaintiff’s Motion for Summary Judgment [Doc. No. 15] is GRANTED in part and 11 DENIED in part; and 12 3. Defendant’s Cross-Motion for Summary Judgment [Doc. No. 16] is DENIED. 13 IT IS FURTHER ORDERED THAT this case is REMANDED to the Commissioner of 14 Social Security for further administrative proceedings consistent with this opinion, pursuant to 15 sentence four of 42 U.S.C. § 405(g). See Akopyan v. Barnhart, 296 F.3d 852, 854 (9th Cir. 2002). 16 IT IS SO ORDERED. 17 DATED: November 16, 2011 18 19 Hon. Michael M. Anello United States District Judge 20 21 22 23 24 25 26 27 28 -2- 10cv2022

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