Needham v. Commissioner Social Security Administration

Filing 19

ORDER: The Court ADOPTS Magistrate Judge You's Findings & Recommendation 17 , and therefore, the Commissioner's final decision is reversed and remanded for immediate calculation and payment of benefits. IT IS SO ORDERED. Signed on 9/13/2017 by Judge Marco A. Hernandez. (pvh)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

CAROLYN M. NEEDHAM,
No.

3:16-cv-01380-YY

Plaintiff,
ORDER
v.
COMMISSIONER SOCIAL
SECURITY ADMINISTRATION,
Defendant.
HERNÁNDEZ, District Judge:
Magistrate Judge You issued a Findings and Recommendation [17] on August 8, 2017, in
which she recommends that this Court reverse the decision of the Commissioner of the Social
Security Administration and remand this case for immediate calculation and payment of benefits.
The matter is now before the Court pursuant to 28 U.S.C. ' 636(b)(1)(B) and Federal Rule of
Civil Procedure 72(b).
Because no objections to the Magistrate Judge's Findings and Recommendation were
timely filed, the Court is relieved of its obligation to review the record de novo. United States v.
1 - ORDER

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) (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, the Court finds no error.
CONCLUSION
The Court ADOPTS Magistrate Judge You’s Findings & Recommendation [17], and
therefore, the Commissioner’s final decision is reversed and remanded for immediate calculation
and payment of benefits.
IT IS SO ORDERED.

DATED this

day of

, 2017.

MARCO A. HERNÁNDEZ
United States District Judge

2 - ORDER