Hornbuckle v. Commissioner, Social Security Administration

Filing 24

ORDER: Adopting Findings and Recommendation 20 . The decision of the Commissioner is REVERSED and REMANDED pursuant to sentence four of 42:405(g)for further proceedings consistent with the Findings and Recommendation. Signed on 8/11/2014 by Judge Owen M. Panner. (jkm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
MEDFORD DIVISION
KEVIN A. HORNBUCKLE,
No.

6:13~cv-679-CL

PlaJntiff,

v.
CAROLYN W. COLVIN,
Commissioner of Social Security,

ORDER

Defendant.

FANNER, District Judge:

Magistrate Judge Mark D. Clarke filed Findings and
Recommendation, and the matter is now before. this court.
U.S.C.

§

636(b) (1) (B), Fed. R. Civ. P. 72 (b).

See 28

Because plaintiff

objects to the Findings and Recommendation, I have reviewed this
matter de novo.

28 U.S.C.

v. Commodore Bus. Mach.,

§

636(b) (1) (C); McDonnell Douglas Corp.

Inc.'

656 F. 2d 130.9, 1313 (9th Cir. ·

1981) .
Defendant concedes the ALJ's decision contained errors.
Defendant argues that the case should be remanded for further
proceedings.

1 - ORDER

Plaintiff opposes remand, contending he is entitled

to an award of benefits based on the record as it now stands.

I

agree with the Findings and Recommendation that the ALJ must
resolve outstanding factual issues before determining disability.
CONCLUSION

Magistrate Judge Clarke's Findings and Recommendation (#20)
is adopted.

The decision of the Commissioner is reversed and

remanded pursuant to sentence four of 42 U.S.C. § 405(g)· for
further proceedings consistent with the Findings and
Recommendation.
IT IS SO ORDERED.
DATED this

/ ( day of August, 2014.

~&~
OWEN M. PANNER
U.S. DISTRICT JUDGE

2 - ORDER