Martinez v. Social Security Administration

Filing 33

ORDER by Senior District Judge James A. Parker adopting Magistrate Judge's Proposed Findings of Fact and Recommended Deposition re 32 and granting 24 Motion to Reverse and Remand to Agency. (bap)

Case 1:19-cv-00247-JAP-KRS Document 33 Filed 10/13/20 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
JOSEPHINE MARTINEZ,
on behalf of A.V.G., a minor,
Plaintiff,
vs.

No. 1:19-CV-00247-JAP-KRS

ANDREW SAUL, Commissioner of
the Social Security Administration,
Defendant.
ORDER ADOPTING MAGISTRATE JUDGE’S
PROPOSED FINDINGS AND RECOMMENDED DISPOSITION
On November 4, 2019, Plaintiff filed a MOTION TO REVERSE AND REMAND FOR
PAYMENT OF BENEFITS, OR IN THE ALTERNATIVE, FOR REHEARING, WITH
SUPPORTING MEMORANDUM (Doc. 24). On September 23, 2020, Magistrate Judge Kevin
R. Sweazea entered PROPOSED FINDINGS AND RECOMMENDED DISPOSITION (“PFRD”)
(Doc. 32). 1 As detailed in the PFRD, Judge Sweazea recommended that the Court grant Plaintiff’s
Motion, and he notified the parties of their right to file written objections pursuant to 28 U.S.C. §
636(b)(1)(C). Neither party objected to the PFRD and the deadline for doing so expired on October
7, 2020. Having reviewed the record, the Court determines that it will adopt the PFRD in its
entirety and grant Plaintiff’s Motion.
IT IS ORDERED that the Magistrate Judge’s Proposed Findings of Fact and
Recommended Disposition (Doc. 32) is ADOPTED.

1

In accordance with 28 U.S.C. § 636(b)(1)(B), the matter was referred to Magistrate Judge Kevin R. Sweazea. See
Doc. 6.

Case 1:19-cv-00247-JAP-KRS Document 33 Filed 10/13/20 Page 2 of 2

IT IS FURTHER ORDERED that Plaintiff’s Motion to Reverse and Remand for a
Rehearing (Doc. 24) is GRANTED and this case is remanded to the Social Security Administration
for action in accordance with this Order and the Proposed Findings and Recommendation.

__________________________________________
SENIOR UNITED STATES DISTRICT JUDGE