Kelly v. Commissioner Social Security Administration

Filing 24

ORDER: Adopting the Magistrate's Findings and Recommendation 21 . The decision of the Commissioner denying Plaintiff's application for DIB is Reversed and Remanded for an award of benefits pursuant to Sentence Four of 42 U.S.C. § 405(g). Signed on 9/27/18 by Judge Marco A. Hernandez. (gm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

GARY K.,

No. 1:17-cv-00452-JR
Plaintiff,

ORDER

v.

NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Defendant.

HERNÁNDEZ, District Judge:
Magistrate Judge Papak issued a Findings and Recommendation [21] on June 29, 2018,
in which he recommends that the Court reverse and remand for an award of benefits the
Commissioner’s decision denying Plaintiff’s application for Disability Insurance Benefits
(“DIB”). The matter is now before the Court pursuant to 28 U.S.C. § 636(b)(1)(B) and Federal
Rule of Civil Procedure 72(b).

1 - ORDER

Because no objections to the Magistrate Judge’s Findings and Recommendation were
timely filed, the Court is relieved of its obligation to review the record de novo. United States v.
Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc); see also United States v.
Bernhardt, 840 F.2d 1441, 1444 (9th Cir. 1988) (de novo review required only for portions of
Magistrate Judge’s report to which objections have been made). Having reviewed the legal
principles de novo, the Court finds no error.
CONCLUSION
The Court ADOPTS Magistrate Judge Papak’s Findings and Recommendation [21]. The
decision of the Commissioner denying Plaintiff’s application for DIB is REVERSED and
REMANDED for an award of benefits pursuant to Sentence Four of 42 U.S.C. § 405(g).
IT IS SO ORDERED.

DATED this

day of ________________, 2018

MARCO A. HERNÁNDEZ
United States District Judge

2 - ORDER