Visser v. Commissioner Social Security Administration

Filing 19

ORDER: The Court ADOPTS Magistrate Judge Stewart's Findings and Recommendation 17 . Accordingly, the Court REVERSES the decision of the Commissioner and REMANDS this matter pursuant to sentence four of 42 U.S.C. § 405(g) for the calculation and award of benefits. Signed on 04/29/2014 by Judge Anna J. Brown. (bb) Modified on 4/30/2014 to correct date of signature of judge (bb).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

3:13-CV-00508-ST

HAROLD VISSER,
Plaintiff,

ORDER

v.

CAROLYN W. COLVIN, Acting
Commissioner, Social Security
Administration, 1
Defendant.

BROWN, Judge.

Magistrate Judge Janice M. Stewart issued Findings and
Recommendation (#17) on March 6, 2014, in which she recommends
this Court reverse the decision of the Commissioner and remand
for an immediate award of benefits pursuant to sentence four of

Carolyn W. Colvin became the Acting Commissioner of
Social Security on February 14, 2013.
Pursuant to Rule 25(d) of
the Federal Rules of Civil Procedure, Carolyn W. Colvin should be
substituted for Michael J. Astrue as Defendant in this case.
No
further action need be taken to continue this case by reason of
the last sentence of section 205(g) of the Social Security Act,
42 u.s.c. § 405. Procedure 72(b).
1

ORDER

42 U.S.C. § 405(g).

The matter is now before this Court pursuant

to 28 U.S.C. § 636(b) (1) (B) and Federal Rule of Civil Procedure
72 (b) .

Because no objections to the Magistrate Judge's Findings and
Recommendation were timely filed, this Court is relieved of its
obligation to review the record de novo.
Marshall,

See also Dawson v.

561 F. 3d 930, 932 (9th Cir. 2009); United States v.

Reyna-Tapia,

328 F.3d 1114, 1121 (9th Cir. 2003) (en bane).

Having reviewed the legal principles de novo, the Court does not
find any error.

CONCLUSION
The Court ADOPTS Magistrate Judge Stewart's Findings and
Recommendation (#17).

Accordingly, the Court REVERSES the

decision of the Commissioner and REMANDS this matter pursuant to
sentence four of 42 U.S.C. § 405(g) for the calculation and award
of benefits.
IT IS SO ORDERED.
DATED this 29th day of April, 2014.

ANN~

United States District Judge

.2

ORDER