Whiteberg v. Commissioner Social Security Administration

Filing 24

OPINION AND ORDER: Adopting Judge Clarke's Findings and Recommendation 22 . The Commissioner's decision is reversed and this case is remanded for immediate payment of benefits. Signed on 4/26/2019 by Judge Michael J. McShane. (cp)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
WHITNEY W.,1
Case No. 6:17-cv-00972-CL
Plaintiff,
OPINION AND ORDER
v.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Defendant.
___________________________________
MCSHANE, Judge:
Magistrate Judge Mark D. Clarke filed a Report and Recommendation (“R&R”), ECF
No. 22, and the matter is now before this Court. See 28 U.S.C. § 636(b)(1)(B); Fed. R. Civ. P.
72(b). Although the Commissioner of Social Security filed no objections, I have reviewed the
legal principles de novo. See United States v. Bernhardt, 840 F.2d 1441, 1445 (9th Cir. 1998). I
find no error and conclude that the R&R is correct. Judge Clarke’s R&R is adopted in full.
Accordingly, and pursuant to sentence four of 42 U.S.C. § 405(g), the Commissioner’s decision
is REVERSED and this case REMANDED for immediate payment of benefits
IT IS SO ORDERED.
DATED this 26th day of April, 2019.
/s/ Michael McShane________
Michael J. McShane
United States District Judge
1

In the interest of privacy, this Opinion and Order uses only the first name and the initial of the last name of the
non-governmental party in the case.

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