Risley v. Commissioner Social Security Administration

Filing 15

OPINION and ORDER - I agree with Judge Acosta's recommendation and I ADOPT theF&R 13 as my own opinion. The Commissioner's decision is REVERSED and REMANDEDfor immediate calculation and payment of benefits.IT IS SO ORDERED.DATED this 8th day of February, 2017, by Chief United States District Judge Michael W. Mosman. (peg)

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

SUSAN MARIE RISLEY,
No. 6:16-cv-00466-AC
Plaintiff,
OPINION AND ORDER
v.

COMMISSONER, SOCIAL
SECURITY ADMINISTRATION,
Defendant.

MOSMAN,J.,
On January 9, 2017, Magistrate Judge John V. Acosta issued his Findings and
Recommendation ("F&R") [13], recommending that the Commissioner's decision should be
REVERSED and REMANDED for an immediate payment of benefits. Neither party objected to
the F&R.

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 cowt 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)(l)(C). However, the court
is not required to review, de novo 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 careful review, I agree with Judge Acosta's recommendation and I ADOPT the
F&R

[!i]

as my own opinion. The Commissioner's decision is REVERSED and REMANDED

for immediate calculation and payment of benefits.

IT IS SO ORDERED.
DATED this

8th

day of February, 2017.

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

2 - OPINION AND ORDER