Rogers v. Commissioner Social Security Administration

Filing 23

OPINION & ORDER: Adopting the Magistrate's Findings and Recommendation 21 . The Commissioner's decision is Reversed and Remanded for immediate payment of benefits. Signed on 1/25/17 by Judge Michael W. Mosman. (gm) Modified on 1/27/2017 to correct filing date (gm).

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION DEMARCUS ROGERS, No. 3:15-cv-02122-PK Plaintiff, OPINION AND ORDER v. CAROLYN W. COVLIN, Commissioner of Social Security Defendant. MOSMAN, J., On December 9, 2016, Magistrate Judge Paul Papak issued his Findings and Recommendation (“F&R”) [21], recommending that the Commissioner’s decision should be REVERSED and REMANDED for immediate payment of benefits. Neither Defendant nor Plaintiff objected. 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 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 1 – OPINION AND ORDER 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 careful review, I agree with Judge Papak’s recommendations and I ADOPT the F&R [21] as my own. The Commissioner’s decision is REVERSED and REMANDED for immediate payment of benefits. IT IS SO ORDERED. DATED this 25th day of January, 2017. /s/ Michael W. Mosman_________ MICHAEL W. MOSMAN Chief United States District Judge 2 – OPINION AND ORDER

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?