Hair v. Commissioner of Social Security

Filing 17

ORDER that the Court hereby ADOPTS AND ACCEPTS the report and recommendation of the U.S. Magistrate Judge ECF No. 16 ; plaintiff's motion to reverse and remand ECF No. 12 is GRANTED; defendant's cross-motion to affirm ECF No. 13 is DENIED; Clerk directed to enter judgment accordingly. Signed by Judge Howard D. McKibben on 5/9/2018. (Copies have been distributed pursuant to the NEF - KW)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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EDNA J. HAIR,

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Plaintiff,
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vs.
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NANCY A. BERRYHILL, Acting
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Commissioner of Social Security, )
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Defendant.
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_________________________________ )

3:17-cv-00559-HDM-WGC
ORDER

Plaintiff has filed a motion for reversal and/or remand of the

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defendant’s denial of her claim for social security disability

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benefits (ECF No. 12).

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affirm (ECF No. 13).

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issued his report and recommendation recommending that the court

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grant the plaintiff’s motion and deny the defendant’s cross-motion,

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and reverse and remand the defendant’s denial of plaintiff’s claim.

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(ECF No. 16).

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been filed, and the time for doing so has expired.

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The defendant has filed a cross-motion to
On April 11, 2018, the magistrate judge

No objections to the report and recommendation have

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

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and determination in accordance with the requirements of 28 U.S.C.
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§ 636 and applicable case law, and good cause appearing, the court

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hereby ADOPTS AND ACCEPTS the report and recommendation of the

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United States Magistrate Judge (ECF No. 16).

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Accordingly, the plaintiff’s motion to reverse and remand (ECF

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No.12) for further proceedings is GRANTED and this matter is

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remanded so the administrative law judge may question the

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vocational expert regarding plaintiff’s ability to perform the jobs

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in light of her right upper extremity limitation.

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cross-motion to affirm (ECF No. 13) is DENIED. The clerk of the

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The defendant’s

court is directed to enter judgment accordingly.

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IT IS SO ORDERED.

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DATED: This 9th day of May, 2018.

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____________________________
UNITED STATES DISTRICT JUDGE

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