Langdon v. Commissioner Social Security Administration

Filing 24

OPINION AND ORDER: The Court ADOPTS Magistrate Judge Papaks Findings & Recommendation 18 , and therefore, the Commissioners final decision is REVERSED and this case is REMANDED for an immediate award of benefits. Signed on 12/15/16 by Judge Marco A. Hernandez. (jp)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

JEAN LANGDON,
Plaintiff,

v.

No. 3:15-cv-01342-PK

OPINION AND ORDER

CAROLYN W. COLVIN
Commissioner, Social Security
Administration,
Defendants.

HERNÁNDEZ, District Judge:
Magistrate Judge Paul Papak issued a Findings & Recommendation [18] on September 6,
2016, recommending that the Commissioner of Social Security’s decision be reversed and the
case remanded for the immediate payment of benefits. Defendant has timely filed objections [20]
to the Findings & Recommendation. The matter is now before me pursuant to 28 U.S.C.
§ 636(b)(1) and Federal Rule of Civil Procedure 72(b).

1 – ORDER

When a party objects to any portion of the Magistrate Judge's Findings &
Recommendation, the district court must make a de novo determination of that portion of the
Magistrate Judge's report. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3); Dawson v. Marshall,
561 F.3d 930, 932 (9th Cir. 2009); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir.
2003) (en banc).
I have carefully considered Defendant’s objections and conclude there is no basis to
modify the Findings & Recommendation. I have also reviewed the pertinent portions of the
record de novo and find no errors in the Magistrate Judge's Findings & Recommendation.
CONCLUSION
The Court ADOPTS Magistrate Judge Papak’s Findings & Recommendation [18], and
therefore, the Commissioner’s final decision is REVERSED and this case is REMANDED for an
immediate award of benefits.
IT IS SO ORDERED.
DATED this _______ day of ____________________, 2016.

MARCO A. HERNÁNDEZ
United States District Judge

2 – ORDER