McMillin v. Colvin

Filing 15

ORDER adopting and accepting ECF No. 14 Report and Recommendation; granting ECF No. 10 Motion to Remand to Agency; and denying ECF No. 11 Cross-Motion to Affirm. Clerk shall enter judgment accordingly. Signed by Judge Howard D. McKibben on 6/14/16. (Copies have been distributed pursuant to the NEF - JC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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VERONICA MCMILLIN,

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Plaintiff,
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vs.
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CAROLYN W. COLVIN, Acting
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Commissioner of Social Security, )
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Defendant.
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_________________________________ )

3:15-cv-00222-HDM-VPC
ORDER

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The court has considered the report and recommendation of the

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United States Magistrate Judge (ECF No. 14) filed on March 22, 2016,

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in which the Magistrate Judge recommends that this court enter an

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order granting plaintiff’s motion for reversal and/or remand (ECF No.

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10), denying defendant’s cross-motion to affirm (ECF No. 11), and

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remanding the matter to the Administrative Law Judge to address and

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resolve

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testimony and the Dictionary of Occupational Titles.

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to the report and recommendation have been filed and the time for

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filing any objections has expired.

the

apparent

conflict

between

the

vocational

expert’s

No objections

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The court has considered the pleadings and memoranda of the

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parties and other relevant matters of record and has made a review and

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determination in accordance with the requirements of 28 U.S.C. § 636
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and applicable case law.

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ACCEPTS the report and recommendation of the United States Magistrate

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Judge (ECF No. 14).

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10) is granted, defendant’s cross-motion to affirm (ECF No. 11) is

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denied, and this action is remanded to the Administrative Law Judge

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for further proceedings consistent with this order.

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Court shall enter judgment accordingly.

Accordingly, the court hereby ADOPTS AND

Therefore, plaintiff’s motion for remand(ECF No.

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IT IS SO ORDERED.

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The Clerk of the

DATED: This 14th day of June, 2016.

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____________________________
UNITED STATES DISTRICT JUDGE

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