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)
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
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?