Snyder v. Colvin

Filing 27

ORDER: (1) Adopting re 26 Report and Recommendation; (2) Granting in Part and Denying in Part Plaintiff's 17 Motion for Summary Judgment; (3) Denying Defendant's 19 Cross-Motion for Summary Judgment; and (4) Remanding Action for Further Administrative Proceedings. Signed by Judge Roger T. Benitez on 6/13/2017.(knb)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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JOHN WILLARD SNYDER,

Case No.: 16-cv-0243-BEN-JLB
Plaintiff,

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v.

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ORDER:
(1) ADOPTING REPORT AND
RECOMMENDATION;

NANCY BERRYHILL, Acting
Commissioner of Social Security,

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(2) GRANTING IN PART and
DENYING IN PART PLAINTIFF’S
MOTION FOR SUMMARY
JUDGMENT;

Defendant.

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(3) DENYING DEFENDANT’S
CROSS-MOTION FOR SUMMARY
JUDGMENT; and

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(4) REMANDING ACTION FOR
FURTHER ADMINISTRATIVE
PROCEEDINGS

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Plaintiff John Willard Snyder filed this action seeking judicial review of the Social
Security Commissioner’s1 denial of his application for disability insurance benefits.

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When Plaintiff initiated this action, Carolyn Colvin was serving as the Acting
Commissioner of the Social Security Administration. Nancy Berryhill is now serving as
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16-cv-0243-BEN-JLB

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Plaintiff filed a motion for summary judgment, and Defendant filed a cross-motion for

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summary judgment and an opposition to Plaintiff’s motion.

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On April 17, 2017, Magistrate Judge Jill L. Burkhardt issued a thoughtful and

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thorough Report and Recommendation, recommending that this Court grant in part and

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deny in part Plaintiff’s motion for summary judgment and deny Defendant’s cross-

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motion for summary judgment. Magistrate Judge Burkhardt found that the

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Administrative Law Judge failed to articulate clear and convincing reasons for

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discrediting Plaintiff’s testimony about the intensity, persistence, and limiting effects of

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his symptoms. Magistrate Judge Burkhardt recommends remanding this action for

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further administrative proceedings. Objections to the Report and Recommendation were

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due May 2, 2017. Neither party has filed any objections.

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A district judge “may accept, reject, or modify the recommended disposition” of a

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magistrate judge on a dispositive matter. Fed. R. Civ. P. 72(b)(3); see also 28 U.S.C.

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§ 636(b)(1). “[T]he district judge must determine de novo any part of the [report and

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recommendation] that has been properly objected to.” Fed. R. Civ. P. 72(b)(3).

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However, “[t]he statute makes it clear that the district judge must review the magistrate

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judge’s findings and recommendations de novo if objection is made, but not otherwise.”

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United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc); see also

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Wang v. Masaitis, 416 F.3d 992, 1000 n.13 (9th Cir. 2005). “Neither the Constitution nor

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the statute requires a district judge to review, de novo, findings and recommendations

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that the parties themselves accept as correct.” Reyna-Tapia, 328 F.3d at 1121.

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The Court has considered and agrees with the Report and Recommendation. The

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Court ADOPTS the Report and Recommendation. (Docket No. 26). Plaintiff’s motion

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for summary judgment is GRANTED IN PART and DENIED IN PART. (Docket No.

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17). Defendant’s cross-motion for summary judgment is DENIED. (Docket No. 19).

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the Acting Commissioner. Pursuant to Federal Rule of Civil Procedure 25(d), Berryhill
is automatically substituted as a party.
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16-cv-0243-BEN-JLB

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This case is REMANDED for further proceedings consistent with the Report and

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Recommendation.

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IT IS SO ORDERED.
Dated: June 13, 2017

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