Costandi v. Commissioner of Social Security

Filing 28

ORDER re 25 Report and Recommendation. Plaintiff's 20 Motion to Remand is DENIED and thE Commissioner's 21 Cross-Motion to Affirm is GRANTED. Signed by Magistrate Judge Daniel J. Albregts on 1/21/2020. (Copies have been distributed pursuant to the NEF - SLD)

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1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 *** 6 7 NAIM R. COSTANDI, Plaintiff, 8 9 10 Case No. 2:17-cv-02019-DJA ORDER v. NANCY A. BERRYHILL, Commissioner of Social Security, 11 Defendant. 12 13 On October 31, 2019, the undersigned issued a report and recommendation. The Court 14 recommended denying Plaintiff Naim R. Costandi’s (“Plaintiff”) Motion for Reversal or to 15 Remand (ECF No. 20) and granting the Commissioner’s Response and Cross-Motion to Affirm 16 (ECF No. 21). The time to object has expired, the parties have filed no objections, and the parties 17 have consented to the undersigned proceeding with this matter. (ECF No. 26). 18 The court accepts and adopts the report and recommendation. The Court therefore finds 19 that the ALJ properly gave “clear and convincing” reasons supported by substantial evidence for 20 affording less weight to the opinion of consultative examiner Dr. Cabaluna. The ALJ’s decision 21 is supported by substantial evidence and free from reversible legal error. Accordingly, 22 IT IS HEREBY ORDERED that Plaintiff’s Motion to Remand (ECF No. 20) be denied. 23 IT IS FURTHER ORDERED that the Commissioner’s Cross-Motion to Affirm (ECF No. 24 25 21) be granted. DATED: January 21, 2020. 26 27 28 DANIEL J. ALBREGTS UNITED STATES MAGISTRATE JUDGE

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