Hammons v. Berryhill

Filing 13

ORDER adopting Findings and Recommendations IN FULL re 12 Findings and Recommendations. IT IS FURTHER ORDERED that Ms. Hammons's Motion for SummaryJudgment (Doc. 9) is GRANTED IN PART and DENIED IN PART. This case is REMANDED for the ALJ to reexamine Ms. Hammons' s credibility in light of the Court's findings. On remand, the ALJ should give great weight to Ms. Hammons' s VA disability determination, or provide persuasive, specific, valid reasons supported by the record for giving little weight to the VA determination. Signed by Judge Dana L. Christensen on 8/6/2018. (HEG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION

JENNIFER ANN HAMMONS,
CV 17-74-H-DLC-JTJ
Plaintiff,
ORDER

vs.
NANCY BERRYHILL, Acting
Commissioner of Social Security,
Defendant.

United States Magistrate Judge John Johnston entered Findings and
Recommendations in this case on May 31, 2018, recommending remand of this
case for the ALJ to reexamine Ms. Hammons's credibility.

No party has timely

objected to the findings and recommendations, and so they have waived the right
to de novo review of the record.

28 U.S.C. § 636(b)(l).

therefore review the record for clear error.

The Court will

McDonnell Douglas Corp. v.

Commodore Bus. Mach. , Inc., 656 F.2d 1309, 1313 (9th Cir. 1981).

After reviewing the record and finding no clear error, this Court agrees with
Judge Johnston's findings in full.
Accordingly, IT IS ORDERED that Judge Johnston's Findings and
Recommendations (Doc. 12) are ADOPTED IN FULL.
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IT IS FURTHER ORDERED that Ms. Hammons's Motion for Summary
Judgment (Doc. 9) is GRANTED IN PART and DENIED IN PART.

This case is

REMANDED for the ALJ to reexamine Ms. Hammons' s credibility in light of the
Court's findings.

On remand, the ALJ should give great weight to

Ms. Hammons' s VA disability determination, or provide persuasive, specific, valid
reasons supported by the record for giving little weight to the VA determination.
DATED this (o

ell. day of August, 20

Dana L. Christensen, Chief Judge
United States District Court

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