Schiel-Leodoro v. Colvin
Filing
28
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS in full; granting 15 Motion for Summary Judgment. The Commissioner's decision is REVERSED and this matter REMANDED for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g). Signed by Judge Dana L. Christensen on 2/23/2016. (SMS, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION
CATHERINE SCHIEL-LEODORO,
FILED
FEB 2 2 2016
Clerk, U S District Court
District Of Montana
Missoula
CV 14-276-M-DLC-JCL
Plaintiff,
ORDER
vs.
CAROLYN W. COLVIN,
Commissioner of Social Security
Administration,
Defendant.
United States Magistrate Judge Jeremiah C. Lynch entered findings and
recommendations in this case on January 29, 2016, recommending that: (1)
Plaintiff Catherine Schiel-Leodoro's ("Schiel-Leodoro") motion for summary
judgment be granted, (2) Commissioner Carolyn Colvin's decision regarding
Schiel-Leodoro's application for disability insurance benefits and supplemental
security income benefits be reversed, and (3) this matter be remanded pursuant to
sentence four of 42 U.S.C. § 405(g) for further proceedings. Neither party
objected to the findings and recommendations, and so both have waived the right
to de novo review thereof. 28 U.S.C. § 636(b)(1 )(C). This Court reviews for clear
error those findings and recommendations to which no party objects. See
McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313
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(9th Cir. 1981); Thomas v. Arn, 474 U.S. 140, 149 (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) (citations
omitted).
Having reviewed the findings and recommendations, the Court finds no
clear error in Judge Lynch's conclusion regarding the administrative law judge's
("ALJ") treatment of Dr. Teresa Reed's 2011 findings, nor in his conclusion that
this matter should be remanded to the ALJ for a more critical examination of those
findings.
Accordingly, IT IS ORDERED that Judge Lynch's findings and
recommendations (Doc. 26) are ADOPTED IN FULL. Schiel-Leodoro's motion
for summary judgment (Doc. 15) is GRANTED. The Commissioner's decision is
REVERSED and this matter is REMANDED pursuant to sentence four of
42 U.S.C. § 405(g) for further proceedings consistent with Judge Lynch's opinion.
DATED this 22nd day ofFebruary, 2016.
Dana L. Christensen, Chief istrict Judge
United States District Court
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