Westphal v. Commissioner Social Security Administration

Filing 21

ORDER - The Court ADOPTS Magistrate Judge Acosta's Findings andRecommendation (#19). Accordingly, the Court REVERSES thedecision of the Commissioner and REMANDS this matter pursuant tosentence four of 42 U.S.C. § 405(g) for the immediate calculationand award of benefits. IT IS SO ORDERED. DATED this 25th day of January, 2017, by United States District Judge Anna J. Brown. (peg)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

CANDY WESTPHAL,

3:15-cv-01904-AC
Plaintiff,

ORDER

v.
CAROLYN W. COLVIN,
Conunissioner, Social Security
Administration,
Defendant.

BROWN, Judge.
Magistrate Judge John V. Acosta issued Findings and
Recommendation (#19) on December 27, 2016, in which he recommends
this Court reverse and remand the Commissioner's decision denying
Plaintiff's application for supplemental security income benefits
and disability insurance benefits for the immediate calculation
and award of benefits.

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).

1

ORDER

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.
561 F.3d 930, 932 (9th Cir. 2009)
Reyna-Tapia,

See Dawson v. Marshall,

See also United States v.

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 Acosta's Findings and
Recommendation (#19).

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 immediate calculation

and award of benefits.
IT IS SO ORDERED.

DATED this

;.c;""" day

of January, 2017.

ANNA~

United States District Judge

2

ORDER