Theodore v. Commissioner Social Security Administration

Filing 22

OPINION AND ORDER. I agree with Judge Beckerman's recommendation and I ADOPT the F&R 20 as my own opinion. The Commissioner's decision is REVERSED and this case is REMANDED for further administrative proceedings. IT IS SO ORDERED. Signed on 6/20/2018 by Judge Michael W. Mosman. (gw)

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

RICHARD THEODORE,
Case No. 3:17-cv-00749-SB

Plaintiff,
v.

OPINION & ORDER

NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Defendant.

MOSMAN,J.,
On June 4, 2018, Magistrate Judge Stacie F. Beckerman issued her Findings and
Recommendation (F&R) [20], recommending that the Commissioner's decision be REVERSED
and REMANDED for further administrative proceedings. No objections were filed.

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 nova 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)(l)(C). However, the court
is not required to review, de nova 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)(l)(C).
Upon review, I agree with Judge Beckerman's recommendation and I ADOPT the F&R
[20] as my own opinion. The Commissioner's decision is REVERSED and this case is
REMANDED for further administrative proceedings.
IT IS SO ORDERED.
DATED this

2 - OPINION AND ORDER

of June, 2018.