Oblitas v. Commissioner of Social Security

Filing 23

ORDER Adopting 22 Report and Recommendation, Granting 17 Motion for Remand, and Denying 20 Cross Motion to Affirm. This case is REMANDED to the Social Security Administration for a calculation of benefits. The Clerk of Court is directed to ENTER JUDGMENT accordingly and CLOSE THIS CASE. Signed by Judge Jennifer A. Dorsey on 8/2/2018. (Copies have been distributed pursuant to the NEF - MR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Case No.: 2:17-cv-02420-JAD-VCF

Rene R. Oblitas,

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Plaintiff

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Order Adopting Report and
Recommendation, Granting Motion for
Remand, and Denying Cross Motion to
Affirm

v.
Nancy A. Berryhill, Acting Commissioner of
Social Security,

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[ECF Nos. 17, 20]

Defendant

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Counseled plaintiff Rene R. Oblitas was denied social security disability benefits. 1 His

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11 request for reconsideration was denied. After a de novo hearing, an administrative law judge
12 found that Oblitas suffered from multiple physical impairments but was not disabled during the
13 relevant timeframe and denied him benefits. 2 Oblitas moves to reverse or remand this case to the
14 Social Security Administration for further proceedings, 3 and the Commissioner cross moves to
15 affirm the administrative law judge’s decision. 4
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Magistrate Judge Cam Ferenbach reviewed the parties’ motions and recommends that I

17 grant Oblitas’s motion to reverse or remand, deny the Commissioner’s cross motion to affirm,
18 and remand this case to the Social Security Administration for a calculation of benefits. 5 Judge
19 Ferenbach issued his report and recommendation on July 17, 2018, making July 31, 2018, the
20 deadline to file objections. That deadline has expired and no objections have been filed. “[N]o
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ECF No. 4.

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Id.

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ECF No. 17.

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ECF No. 20.

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ECF No. 22.
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1 review is required of a magistrate judge’s report and recommendation unless objections are
2 filed.” 6
Accordingly, IT IS HEREBY ORDERED that Magistrate Judge Ferenbach’s report and

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4 recommendation [ECF No. 22] is ACCEPTED and ADOPTED. Oblitas’s motion to reverse or
5 remand [ECF No. 17] is GRANTED, the Commissioner’s cross motion to affirm [ECF No. 20]
6 is DENIED, and this case is REMANDED to the Social Security Administration for a
7 calculation of benefits. The Clerk of Court is directed to ENTER JUDGMENT accordingly
8 and CLOSE THIS CASE.
Dated: August 2, 2018

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_______________________________
U.S. District Judge Jennifer A. Dorsey

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Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003); see also Thomas v. Arn, 474
U.S. 140, 150 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003).
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