Boomhower v. Commissioner Social Security Administration

Filing 24

OPINION & ORDER: Adopting the Magistrate's Findings and Recommendation 19 . The decision of the Commissioner is Reversed and Remanded for immediate calculation and payment of benefits. Signed on 1/30/18 by Judge Michael W. Mosman. (gm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DIVISION

JEFFREY E. BOOMHOWER,
No. 3:16-CV-02148-PK
Plaintiff,
OPINION AND ORDER
v.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Defendant.

MOSMAN, J.,
On October 25, 2017, Magistrate Judge Paul Papak issued his Findings and
Recommendation (F&R) [19], recommending that the decision of the Commissioner should be
reversed and remanded for immediate calculation and payment of benefits. The Commissioner
filed Objections [21], and Plaintiff responded [22].
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
1 – OPINION AND ORDER

is not required to review, de novo or under any other standard, the factual or legal conclusions of
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 review, I agree with Judge Papak’s recommendation and I ADOPT the F&R [19]
as my own opinion. The decision of the Commissioner is REVERSED AND REMANDED for
immediate calculation and payment of benefits.
IT IS SO ORDERED.
DATED this

30th day of January, 2018.

/s/ Michael W. Mosman
_______________________
MICHAEL W. MOSMAN
Chief United States District Judge

2 – OPINION AND ORDER