Durgin v. US Social Security Administration, Acting Commissioner

Filing 15

/// ORDER approving 14 Report and Recommendation; granting in part 9 Motion to Reverse Decision of Commissioner to the extent that the matter is remanded to the Acting Commissioner for further proceedings pursuant to Sentence Four of 41 U.S.C. § 405(g), and denying 11 Motion to Affirm Decision of Commissioner. So Ordered by Judge Steven J. McAuliffe.(jbw)

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UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE Maryellen Durgin v. Nancy A. Berryhill, Acting Commissioner, Social Security Administration Case No. 16-cv-451-SM O R D E R No objection having been filed, I herewith approve the Report and Recommendation of Magistrate Judge Andrea K. Johnstone dated July 24, 2017, for the reasons set forth therein. “‘[O]nly those issues fairly raised by the objections to the magistrate's report are subject to review in the district court and those not preserved by such objection are precluded on appeal.’” School Union No. 37 v. United Nat'l Ins. Co., 617 F.3d 554, 564 (1st Cir. 2010) (quoting Keating v. Secretary of Health & Human Servs., 848 F.2d 271, 275 (1st Cir.1988)); see also United States v. Valencia-Copete, 792 F.2d 4, 6 (1st Cir. 1986) (after proper notice, failure to file a specific objection to magistrate's report will waive the right to appeal). The Acting Commissioner’s motion for order affirming the decision (doc. No. 11) is hereby denied; the plaintiff’s motion to reverse the decision (doc. No. 9) is hereby granted to the extent that the matter is remanded to the Acting Commissioner for further proceedings, pursuant to Sentence Four of 41 U.S.C. § 405(g). The Clerk of Court shall enter judgment in accordance with this order and close the case. SO ORDERED. ____________________________ Steven J. McAuliffe United States District Judge Date: August 9, 2017 cc: Laurie Smith Young, Esq. Terry L. Ollila, AUSA

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