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)

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