Kistler v. Social Security Administration

Filing 25

ORDER: The Court ADOPTS Magistrate Judge Jelderks's Findings & Recommendation 23 . Accordingly, the Commissioner's decision is reversed, and this case is remanded for an immediate calculation and payment of benefits. Signed on 7/5/2016 by Judge Marco A. Hernandez. (jtj)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON TIFFANY L. KISTLER, Plaintiff, v. No. 3:14-cv-00942-JE ORDER CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. HERNÁNDEZ, District Judge: Magistrate Judge John Jelderks issued a Findings and Recommendation [23] on June 2, 2016, in which he recommends that the Commissioner’s decision be reversed and this case be remanded for an immediate calculation and payment of benefits. Because neither party timely filed an objection to the Magistrate Judge’s Findings and Recommendation, I am relieved of my 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) 1 – ORDER (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, I find no error. CONCLUSION The Court ADOPTS Magistrate Judge Jelderks’s Findings & Recommendation [23]. Accordingly, the Commissioner’s decision is reversed, and this case is remanded for an immediate calculation and payment of benefits. IT IS SO ORDERED. DATED this day of , 2016. ____________________________________ MARCO A. HERNÁNDEZ United States District Judge 2 – ORDER

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