Groneman v. Astrue

Filing 27

ORDER Accepting Magistrate Judge Foley's 22 Report and Recommendation. Plaintiff's 20 Motion for Reversal or Remand is Granted. Defendant's 21 Cross-Motion to Affirm is Denied and this case is Remanded to the Social Securi ty Administration for the payment of disability benefits to the Plaintiff. FURTHER ORDERED that Plaintiff shall pay the filing fees in this matter upon the receipt of the payment of past due benefits. Signed by Judge Andrew P. Gordon on 2/20/2015. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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JANINE GRONEMAN,

Case No. 2:12-cv-01839-APG-GWF
Plaintiff,

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v.
CAROLYN W. COLVIN, ACTING
COMMISSIONER OF SOCIAL SECURITY,

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Order Accepting Report and
Recommendation and Remanding Case
(Dkt. ## 20, 21, 22)

Defendant.

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On December 13, 2013, Magistrate Judge Foley entered his Report and Recommendation

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[Dkt. #20] recommending that Plaintiff’s Motion for Reversal or Remand [Dkt. #20] be granted.

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Magistrate Judge Foley further recommended that Defendant’s Cross-Motion to Affirm [Dkt. #21]

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be denied. The government objected to Magistrate Judge Foley’s Report and Recommendation. I

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have conducted a de novo review of the issues set forth in the Report and Recommendation pursuant

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to Local Rule IB 3-2. Magistrate Judge Foley’s Report and Recommendation sets forth the proper

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legal analysis, and the factual bases, for the decision. Rather than repeat them herein, I adopt them

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as my own. Therefore,

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IT IS HEREBY ORDERED that Magistrate Judge Foley’s Report and Recommendation

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[Dkt. #22] is ACCEPTED, Plaintiff’s Motion for Reversal or Remand [Dkt. #20] is GRANTED,

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Defendant’s Cross-Motion to Affirm [Dkt. #21] is DENIED, and this case is REMANDED to the

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Social Security Administration for the payment of disability benefits to the Plaintiff

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IT IS FURTHER ORDERED that Plaintiff shall pay the filing fees in this matter upon the

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receipt of the payment of past due benefits.

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Dated: February 20, 2015.

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ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE