Hassett v. Astrue

Filing 21

ORDER ADOPTING REPORT AND RECOMMENDATION 20 . The Court has reviewed the R&R and finds that it thoroughly and correctly considered the issues presented. It adopts the conclusion that the case be REMANDED for consideration of whether Plaintiff' s impairments prevent her from making an adjustment to any other work. (R&R at 9.) Plaintiff's motion for summary judgment is therefore GRANTED, and Defendant's motion for summary judgment is DENIED. Signed by Judge Larry Alan Burns on 11/9/11.(kaj)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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ROBIN A. HASSETT,

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CASE NO. 10cv2092-LAB (BLM)
Plaintiff,

ORDER ADOPTING REPORT
AND RECOMMENDATION

vs.
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MICHAEL J. ASTRUE, Commissioner of
Social Security,

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Defendant.

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Magistrate Judge Major issued a Report and Recommendation in this case

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recommending that Plaintiff’s motion for summary judgment be granted and Defendant’s

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motion for summary judgment be denied. The Defendant filed no objection to the R&R,

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which the Court construes as consent to its adoption. See Thomas v. Arn, 474 U.S. 140–50

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(1985) (“It does not appear that Congress intended to require district court review of a

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magistrate’s factual or legal conclusions, under a de novo or any other standard, when

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neither party objects to those findings.”). The Court has reviewed the R&R and finds that

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it thoroughly and correctly considered the issues presented. It adopts the conclusion that

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“the case be REMANDED for consideration of whether Plaintiff’s impairments prevent her

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from making an adjustment to any other work.” (R&R at 9.) Plaintiff’s motion for summary

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//

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//
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10cv2092

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judgment is therefore GRANTED, and Defendant’s motion for summary judgment is

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DENIED.

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IT IS SO ORDERED.

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DATED: November 9, 2011

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HONORABLE LARRY ALAN BURNS
United States District Judge

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10cv2092