Nichols v. Colvin

Filing 25

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS - granting 13 Motion for Summary Judgment. The decision of the Commissioner is REVERSED and this matter is REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings consistent with this order. Signed by Judge Donald W. Molloy on 11/4/2014. (APP, )

FILED
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BUTTE DIVISION

DANA M. NICHOLS,

NOV 0 4 21114
Clerk, u.s. District Court
District Of Montana
Missoula

CV 13-65-BU-DWM-JCL

Plaintiff,
ORDER

vs.

CAROLYN W. COLVIN, Acting

Commissioner of Social Security,

Defendant.

Plaintiff Dana Nichols ("Plaintiff') brings this action under 42 U.S.C. §
405(g) seeking judicial review of the decision of the Commissioner of Social
Security denying her application for disability insurance benefits under Title II of
the Social Security Act, 42 U.S.C. §§ 401-434. This matter comes before the
Court on Plaintiffs motion for summary judgment. (Doc. 13.) Magistrate Judge
Jeremiah Lynch entered findings and recommendations on October 6,2014,
recommending the Court grant Plaintiff s motion and remand for further
proceedings. (Doc. 23.)
The parties are entitled to de novo review of the specified findings or

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recommendations to which they object. 28 U.S.C. § 636(b)(1). As no objections
have been filed, the Court reviews the findings and recommendations for clear
error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309,
1313 (9th Cir. 1981); Thomas v. Arn, 474 U.S. 140,150 (1985). Clear error exists
if the Court is left with a "definite and firm conviction that a mistake has been
committed." United States v. Syrax, 235 F.3d 422, 427 (9th Cir. 2000). Because
the parties are familiar with the factual and procedural background, it will not be
restated here.
In her motion for summary judgment, Plaintiff argues the ALJ did not
provide sufficiently clear and convincing reasons for discrediting her testimony
and that the ALJ erred by rejecting residual functioning capacity assessment
opinions provided by two of her treating physicians, Dr. Ricardo Gonzalez and Dr.
Rex Adams. Plaintiff further insists that the ALJ failed to provide germane
reasons for rejecting a third party function report completed by her husband, Terry
Nichols. Judge lynch agrees with Plaintiff and recommends the matter be
remanded for further proceedings. The Court finds no clear error with Judge
Lynch's analysis or conclusions.
Accordingly, IT IS ORDERED that Judge Lynch's Findings and
Recommendation (Doc. 23) are ADOPTED IN FULL.
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IT IS FURTHER ORDERED that Plaintiff's motion for summary judgment
(Doc. 13) is GRANTED. The decision of the Commissioner is REVERSED and
this matter is REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) for
further proceedings consistent with this order.

Dated this -f'day ofNovernber, 2014.

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