Phillips v. Commissioner Social Security Administration

Filing 20

OPINION AND ORDER: Upon review, I agree with Judge Hubels recommendation and I ADOPT the F&R 18 as my own opinion. Signed on 1/13/15 by Judge Michael W. Mosman. (dsg)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DIVISION

TIM PHILLIPS
No. 3:13-cv-00603-HU
Plaintiff,
OPINION AND ORDER
v.
CAROLYN W. COLVIN,
Commissioner of Social Security,
Defendant.
MOSMAN, J.,
On December 1, 2014, Magistrate Judge Hubel issued his Findings and Recommendation
(F&R) [18]. Hubel recommends that the final decision of the Commissioner of Social Security
be remanded for two reasons: (1) to obtain further vocational testimony regarding the effect of
Phillips’ mental limitations on his ability to work, and (2) to clarify the reaching requirements of
jobs identified by the Vocational Expert (VE). No objections to the Findings and
Recommendation were filed.
DISCUSSION
The magistrate judge makes only recommendations to the court, to which any party may
file written objections. The court is not bound by the recommendations of the magistrate judge,
but retains responsibility for making the final determination. The court is generally required to
make a de novo determination regarding those portions of the report or specified findings or
1 – OPINION AND ORDER

recommendation as to which an objection is made. 28 U.S.C. § 636(b)(1)(C). However, the court
is not required to review, de novo or under any other standard, the factual or legal conclusions of
the magistrate judge as to those portions of the F&R to which no objections are addressed. See
Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121
(9th Cir. 2003). While the level of scrutiny under which I am required to review the F&R
depends on whether or not objections have been filed, in either case, I am free to accept, reject,
or modify any part of the F&R. 28 U.S.C. § 636(b)(1)(C).
Upon review, I agree with Judge Hubel’s recommendation and I ADOPT the F&R [18]
as my own opinion.
IT IS SO ORDERED.
DATED this

13th

day of January, 2015.

/s/ Michael W. Mosman ___
MICHAEL W. MOSMAN
United States District Judge

2 – OPINION AND ORDER