Flores v. Commissioner of Social Security

Filing 21

ORDER ADOPTING REPORT AND RECOMMENDATION 20 of Magistrate Judge Shon T. Erwin the decision of the Commissioner is Reversed and this case is Remanded for further administrative proceedings consistent with the Report. Signed by Honorable Joe Heaton on 08/10/2017. (Attachments: # 1 Attachment Report and Recommendation 20 )(lam)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
ROSA FLORES,
Plaintiff,
v.
NANCY A. BERRYHILL,
Acting Commissioner of the
Social Security Administration,
Defendant.

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NO. CIV-16-0997-HE

ORDER
Plaintiff Rosa Flores has appealed the final decision of the Commissioner of the
Social Security Administration, which denied her application for disability insurance
benefits and supplemental security income under the Social Security Act. This case was
referred to U.S. Magistrate Judge Shon T. Erwin for initial proceedings consistent with
28 U.S.C. § 636(b)(1)(B). The Report and Recommendation (the “Report”) concluded the
Commissioner’s decision was based on a mischaracterization or misreading of the opinion
of plaintiff’s treating physician. The Report recommends the decision be reversed and this
case be remanded for further administrative proceedings. Objections to the Report were
due by June 27, 2017, and no objection has been filed.
Having failed to object to the Report, the parties have waived their right to appellate
review of the factual and legal issues it addressed. United States v. One Parcel of Real
Property, 73 F.3d 1057, 1059–60 (10th Cir. 1996); see 28 U.S.C. § 636(b)(1)(C).
Accordingly, the court ADOPTS the Report and Recommendation [Doc. #20], a copy of
which is attached to this order. The decision of the Commissioner is REVERSED and this

case is REMANDED for further administrative proceedings consistent with the Report.
IT IS SO ORDERED.
Dated this 10th day of August, 2017.

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