Eckroth v. Commissioner Social Security Administration

Filing 18

ORDER: I adopt the F&R 16 in its entirety. Accordingly, the Commissioner's decision is REVERSED and REMANDED for an immediate award of benefits. Signed on 5/29/2019 by Judge Ann L. Aiken. (ck)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

MAXE.,

Case No. 6:18-cv-00705-MK
ORDER
Plaintiff,

v.
COMMISSIONER OF SOCIAL SECURITY,
Defendant.

AIKEN, District Judge:
Magistrate Judge Mustafa Kasubhai filed his Findings and Recommendation
("F&R'') (doc. 16) recommending that the Commissioner's decision be reversed and
remanded for an immediate award of benefits. No objections have been filed and this
matter is now before me. See 28 U.S.C. § 636(b)(l)(B) and Fed. R. Civ. P. 72(b).
Although in the absence of objections no review is required, the Magistrates
Act "does not preclude further review by the district [court] sua sponte . .. under a de
nova or any other standard." Thomas v. Arn, 474 U.S. 140, 154 (1985). Indeed, the
Advisory Committee Notes to Fed. R. Civ. P. 72(b) recommend that "[w]hen no timely

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objection is filed," the Court reviews the magistrate judge's recommendations for
"clear error on the face of the record." Based on my review of the F&R and the
documents in the case, I find no error in Judge Kasubhai's F&R. Thus, I adopt the
F&R (doc. 16) in its entirety.

Accordingly, the Commissioner's decision is

REVERSED and REMANDED for an immediate award of benefits.
IT IS SO ORDERED.
Dated thisYCf day of May, 2019.

Ann Aiken
United States District Judge

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