Avello v. Colvin

Filing 52

ORDER Accepting and Adopting in full Magistrate Judge George Foley, Jr.'s 51 Report and Recommendation. Plaintiff's 32 Motion to Reverse or Remand the Commissioner's Decision Pursuant to Sentence Four, Plaintiff's [34 ] Second Motion to Reverse or Remand the Commissioner's Decision Pursuant to Sentence Six, and the Commissioner's 44 Motion to Remand Pursuant to Sentence Four of 42 U.S.C. Section 405(g) is Granted in Part and Denied in Part. This cas e is remanded to the Social Security Administration for further determination of when Plaintiff became disabled within the meaning of the Social Security Act. The Clerk shall enter judgment accordingly and close case. Signed by Judge Richard F. Boulware, II on 10/31/2014. (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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WILLIAM E. AVELLO,
Case No.: 2:13-cv-00504-RFB-GWF

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Plaintiff,
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ORDER ACCEPTING REPORT &
RECOMMENDATION OF
MAGISTRATE JUDGE
GEORGE W. FOLEY

v.
CAROLYN W. COLVIN,

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Defendant.
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Before the Court for consideration is the Report and Recommendation (ECF No. 51) of

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the Honorable George W. Foley, Jr., United States Magistrate Judge, entered September 16,

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2014.

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Pursuant to Local Rule IB 3-2(a), objections were due by October 3, 2014. No objections

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have been filed. The Court has reviewed the record in this case and concurs with Magistrate

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Judge’s recommendation(s) that (ECF No. 32) Plaintiff's Motion to Reverse or Remand the

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Commissioner's Decision Pursuant to Sentence Four; Plaintiff's (ECF No. 34) Second Motion to

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Reverse or Remand the Commissioners Decision Pursuant to Sentence Six; and the

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Commissioner's (ECF No. 44) Motion for Remand Pursuant to Sentence Four of 42 U.S.C.

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Section 405(g) be Granted in Part and Denied in Part, and that this case be remanded to the

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Social Security Administration for further determination of when Plaintiff became disabled

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within the meaning of the Social Security Act. Therefore, the Court has determined that

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Magistrate Judge’s Recommendation should be ACCEPTED and ADOPTED to the extent that

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it is not inconsistent with this opinion.

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...

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...

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IT IS THEREFORE ORDERED that the Report and Recommendation (ECF No. 51) is

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ACCEPTED and ADOPTED in full. (ECF No. 32) Plaintiff's Motion to Reverse or Remand

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the Commissioner's Decision Pursuant to Sentence Four; Plaintiff's (ECF No. 34) Second Motion

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to Reverse or Remand the Commissioners Decision Pursuant to Sentence Six; and the

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Commissioner's (ECF No. 44) Motion for Remand Pursuant to Sentence Four of 42 U.S.C.

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Section 405(g) be Granted in Part and Denied in Part, and that this case be remanded to the

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Social Security Administration for further determination of when Plaintiff became disabled

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within the meaning of the Social Security Act.

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The Clerk shall enter judgment accordingly and close case.
DATED this 31st day of October, 2014.

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____________________________
RICHARD F. BOULWARE II
United States District Court Judge