Apachito v. Social Security Administration

Filing 39

ORDER by District Judge Judith C. Herrera adopting 38 Proposed Findings and Recommended Disposition; granting 33 Plaintiff's Motion to Remand to Agency. (baw)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
CORNITA M. APACHITO,
Plaintiff,
v.

No. 17-cv-0504 JCH/SMV

NANCY A. BERRYHILL,
Acting Commissioner of Social Security Administration,
Defendant.
ORDER ADOPTING MAGISTRATE JUDGE’S
PROPOSED FINDINGS AND RECOMMENDED DISPOSITION
THIS MATTER is before the Court on the Magistrate Judge’s Proposed Findings and
Recommended Disposition (“PF&RD”) [Doc. 38], filed on July 30, 2018. On reference by the
undersigned, [Doc. 19], the Honorable Stephan M. Vidmar, United States Magistrate Judge,
considered the entire administrative record and found that the Administrative Law Judge’s
findings at step three were not supported by substantial evidence. Accordingly, he recommended
that the case be remanded. No party has timely objected to the PF&RD.
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Magistrate
Judge’s Proposed Findings and Recommended Disposition [Doc. 38] are ADOPTED; Plaintiff’s
Motion to Reverse or Remand Administrative Agency Decision [Doc. 33] is GRANTED; the
Commissioner’s final decision is reversed; and this case is remanded for further proceedings in
accordance with the PF&RD [Doc. 38].
IT IS SO ORDERED.
__________________________________
JUDITH C. HERRERA
United States District Judge