Campredon v. Commissioner Social Security Administration

Filing 23

ORDER: Adopting Findings and Recommendation 17 . Signed on 3/9/2018 by Judge Ann L. Aiken. (ck)

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1N THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION COLT CRAIG CAMPREDON, Case No. 3:17-cv-00347-CL ORDER Plaintiff, vs. COMMISSIONER OF SOCIAL SECURITY, Defendant. AIKEN, District Judge: Magistrate Judge Mark Clarke filed his Findings and Recommendation ("F&R") on 1/10/2018 (doc. 17) recommending that the decision of the Commissioner be reversed and remanded for further proceedings. The matter is now before me. See 28 U.S.C. § 636(b)(l)(B) and Fed. R. Civ. P. 72(b). When either party objects to any portion ofa magistrate judge's F&R, the district comi must make a de novo determination of that portion of the magistrate judge's report. See 28 U.S.C. § 636(b)(l); }.;fcDonnell Douglas Corp. v. Commodore Business 1\1achines, Inc., 656 F.2d 1309, 1313 (9th Cir. 1981), cert denied, 455 U.S. 920 (1982). PAGEi-ORDER The Commissioner and plaintiff filed timely objections to the F&R (docs. 19 and 20), and both pmiies filed responses to those objections (docs. 21 and 22). Thus, I review the F&R de novo. Having reviewed the record and the F&R de novo, I find no error in Judge Clarke's reasoning. On remand, the ALJ is instructed to take the following actions: (1) Reassess plaintiffs credibility. Should the ALJ determine him to not be credible, the ALJ shall provide clear and convincing reasons for doing so. (2) Reassess Ms. Campredon's thirdparty statements. Should the ALJ determine her statements to not be credible, the ALJ shall provide germane reasons for doing so. (3) Present a hypothetical vocational question to the vocational expe1i that includes all of plaintiffs limitations a11d restrictions, including those alleged by plaintiff and Ms. Campredon, assuming their testimony is found to be credible. F&Rat30-31. Thus, I adopt Magistrate Judge Clarke's F&R (doc. 17) in its entirety. Accordingly, the decision of the Commissioner is REVERSED and REMANDED for further proceedings consistent with the F&R and this order. This case is DISMISSED. IT IS SO ORDERED. Dated this qthday of March, 2018. AnnAiken United States District Judge PAGE 2 -ORDER

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