Abel v. Commissioner Social Security Administration

Filing 22

OPINION & ORDER: Adopting the Magistrate's Findings and Recommendation 19 . This case is Reversed and Remanded for the immediate payment of benefits. Signed on 11/12/18 by Judge Michael W. Mosman. (gm)

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

KEl\'NETH A. 1,
Case No. 3:17-cv-01575-JR

Plaintiff,

v.
OPINION AND ORDER
NANCY A. BERRYHILL, Acting
Commissioner of the Social Security
Administration,
Defendant.

MOSMAN,J.,
On September 4, 2018, Magistrate Judge Paul Papak issued his Findings and
Recommendation (F&R) [19], recommending that I REVERSE and REMAND for the
immediate payment of benefits. Neither party 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 nova dete1mination 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

1 In

the interest of privacy, this opinion uses only the first name and the initial of the last name of the
nongovernmental party in this case.
I - OPINION AND ORDER

court 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)(l)(C).
CONCLUSION
Upon review, I agree with Judge Papak's recommendation and I ADOPT the F&R [19] in
full. I REVERSE and REMAND for the immediate payment of benefits.

IT IS SO ORDERED.

I

Ip_,,,..

DATED this ___L£,"_ day of November, 2018.

~

Chief United States District Judge

2 - OPINION AND ORDER