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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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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NAIM R. COSTANDI,
Plaintiff,

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Case No. 2:17-cv-02019-DJA
ORDER

v.
NANCY A. BERRYHILL, Commissioner of
Social Security,

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Defendant.

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On October 31, 2019, the undersigned issued a report and recommendation. The Court

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recommended denying Plaintiff Naim R. Costandi’s (“Plaintiff”) Motion for Reversal or to

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Remand (ECF No. 20) and granting the Commissioner’s Response and Cross-Motion to Affirm

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(ECF No. 21). The time to object has expired, the parties have filed no objections, and the parties

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have consented to the undersigned proceeding with this matter. (ECF No. 26).

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The court accepts and adopts the report and recommendation. The Court therefore finds

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that the ALJ properly gave “clear and convincing” reasons supported by substantial evidence for

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affording less weight to the opinion of consultative examiner Dr. Cabaluna. The ALJ’s decision

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is supported by substantial evidence and free from reversible legal error. Accordingly,

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IT IS HEREBY ORDERED that Plaintiff’s Motion to Remand (ECF No. 20) be denied.

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IT IS FURTHER ORDERED that the Commissioner’s Cross-Motion to Affirm (ECF No.

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21) be granted.
DATED: January 21, 2020.

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DANIEL J. ALBREGTS
UNITED STATES MAGISTRATE JUDGE