Ferguson v. Commissioner Social Security Administration

Filing 21

OPINION AND ORDER. Upon review, I agree with Judge Beckerman's recommendation and I ADOPT the F&R 19 as my own opinion. The Commissioner's decision is REVERSED and this case is REMANDED for the award of benefits. IT IS SO ORDERED. Signed on 1/17/2019 by Judge Michael W. Mosman. (gw)

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

GERALD L. F., 1
Plaintiff,

No. 6:17-cv-01341-SB

V.

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

MOSMAN,J.,
On December 13, 2018, Magistrate Judge Stacie F. Beckerman issued her Findings and
Recommendation (F&R) [19], recommending that the Commissioner's decision be REVERSED
and this case REMANDED for the award of benefits. Neither party filed objections 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 comi is generally required to
make a de novo determination regarding those portions of the repmi or specified findings or

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.
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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 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 Becke1man's recommendation and I ADOPT the F&R
[19] as my own opinion. The Commissioner's decision is REVERSED and this case is
REMANDED for the award of benefits.

IT IS SO ORDERED.
DATED this _L_taay of January, 2019.

MICHAEL W. ,M SMAN
Chief United St s District Judge

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