McCabe v. Colvin

Filing 19

ORDERED that the # 17 Report and Recommendation is adopted and accepted, and Plaintiff's # 10 Motion for Reversal and/or Remand is GRANTED and this matter is REMANDED to the ALJ to address the apparent conflicts between the VE testimony and the DOT as indicated in the Magistrate Judge's # 17 Report and Recommendation. FURTHER ORDERED that Defendant's # 16 Cross-Motion to Affirm is DENIED. Signed by Judge Larry R. Hicks on 8/10/2015. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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*****

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SUZANNE MCCABE,

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Plaintiff,
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v.
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CAROLYN W. COLVIN, Acting
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Commissioner of Social Security
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Administration,
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Defendant.
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_____________________________________ )

3:14-cv-00396-LRH-WGC
ORDER

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Before this Court is the Report and Recommendation of U.S. Magistrate Judge William G.

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Cobb (doc. #171) entered on July 17, 2015, recommending granting Plaintiff’s Motion for Reversal

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and/or Remand (doc. #10), filed on December 12, 2014, and denying Defendant’s Cross-Motion to

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Affirm (doc. #16), filed on March 13, 2015. No objections to the Report and Recommendation have

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been filed. The action was referred to the Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)B and

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Local Rule 1B 1-4 of the Rules of Practice of the United States District Court for the District of

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Nevada.

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The Court has conducted its de novo review in this case, has fully considered the pleadings and

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memoranda of the parties and other relevant matters of record pursuant to 28 U.S.C. § 636 (b) (1) (B)

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Refers to court’s docket number.

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and Local Rule IB 3-2. The Court determines that the Magistrate Judge’s Report and Recommendation

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(#17) entered on July 17, 2015, should be adopted and accepted.

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IT IS THEREFORE ORDERED that the Magistrate Judge’s Report and Recommendation (#17)

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entered on July 17, 2015, is adopted and accepted, and Plaintiff’s Motion for Reversal and/or Remand

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(doc. #10) is GRANTED and this matter is REMANDED to the ALJ to address the apparent conflicts

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between the VE testimony and the DOT as indicated in the Magistrate Judge’s Report and

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Recommendation.

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IT IS FURTHER ORDERED that Defendant’s Cross-Motion to Affirm (doc. #16) is DENIED.

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IT IS SO ORDERED.

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DATED this 10th day of August, 2015.

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_______________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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