Ha v. Commissioner of Social Security

Filing 85

ORDER Adopting Report and Recommendation (Dkt. 84 ). For the reasons set forth in the R&R, Plaintiff's motion for summary judgment is granted (Dkt. 72 ), and Defendant's cross-motion for summary judgment is denied (Dkt. 79 ). ALJ Greenbe rg's determination of non-disability is reversed and this case is remanded for further administrative proceedings consistent with the Court's opinion. The clerk is directed to enter judgment accordingly and close the file. Signed by Chief Judge Larry Alan Burns on 8/27/2019. (jdt) (Certified copy of order sent via U.S. Mail to SSA.)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

SOUTHERN DISTRICT OF CALIFORNIA

8
9

THO VAN HA,

CASE NO. 13cv1211-LAB (BLM)
Plaintiff,

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

ORDER ADOPTING REPORT AND
RECOMMENDATION [Dkt. 84]

vs.
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

This social security appeal was referred to Magistrate Judge Barbara Lynn Major for
a report and recommendation (“R&R”). Judge Major’s R&R recommends that (1) Plaintiff’s
motion for summary judgment be granted, (2) Defendant’s cross-motion for summary
judgment be denied, and (3) ALJ Greenberg’s determination of non-disability be reversed
and remanded for further administrative proceedings. Objections to the R&R were due on
August 23, 2019, but none were filed. The Court has reviewed the R&R and ADOPTS it in
full. For the reasons set forth in the R&R, Plaintiff’s motion for summary judgment is
GRANTED, (Dkt. 72), and Defendant’s cross-motion for summary judgment is DENIED,
(Dkt. 79). ALJ Greenberg’s determination of non-disability is REVERSED and this case is
REMANDED for further administrative proceedings consistent with the Court’s opinion. The
clerk is directed to enter judgment accordingly and close the file.
IT IS SO ORDERED.
Dated: August 27, 2019
HONORABLE LARRY ALAN BURNS
Chief United States District Judge

-1-