Barrus v. Colvin
ORDER ADOPTING 27 REPORT AND RECOMMENDATION: The Report and Recommendation is ADOPTED IN FULL. The court reverses the final agency decision of the Commissioner of Social Security denying the disability insurance benefits claimed by Mr. Barrus and remands for further proceedings consistent with the Report and Recommendation issued by Judge Furse. Signed by Judge Jill N. Parrish on 10/18/17. (dla)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
ORDER ADOPTING REPORT AND
NANCY A. BERRYHILL, Acting
Commissioner of the Social Security
Case No. 1:16-cv-00056-JNP-EJF
Judge Jill N. Parrish
On September 16, 2017, Magistrate Judge Evelyn J. Furse issued a Report and
Recommendation that this court remand for further consideration the final agency decision of the
Commissioner of Social Security denying the disability insurance benefits claimed by Vaughn
Barrus. [Docket 27]. The Report and Recommendation advised the defendant, Nancy Berryhill,
that a failure to object within 14 days of service could result in a waiver of objections upon
review by this court. Ms. Berryhill did not file an objection.
Ms. Berryhill’s failure to object waived any argument that the Report and
Recommendation was in error. See United States v. One Parcel of Real Prop., 73 F.3d 1057, 1060
(10th Cir. 1996). The court need not apply this waiver rule as a procedural bar if “the interests of
justice so dictate.” Moore v. United States, 950 F.2d 656, 659 (10th Cir. 1991). The court has
reviewed the Report and Recommendation and its conclusion that the Commissioner’s denial of
benefits should be reversed and remanded for a rehearing. See 42 U.S.C. § 405(g) (“The court
shall have power to enter, upon the pleadings and transcript of the record, a judgment affirming,
modifying, or reversing the decision of the Commissioner of Social Security, with or without
remanding the cause for a rehearing.”). The court concludes that the Report and
Recommendation is not clearly erroneous and finds that the interests of justice do not warrant
deviation from the waiver rule. The court, therefore, ADOPTS IN FULL the Report and
Accordingly, the court ORDERS as follows:
1. The Report and Recommendation [Docket 27] is ADOPTED IN FULL.
2. The court reverses the final agency decision of the Commissioner of Social Security
denying the disability insurance benefits claimed by Mr. Barrus and remands for
further proceedings consistent with the Report and Recommendation issued by Judge
SO ORDERED October 18, 2017.
BY THE COURT:
JILL N. PARRISH
United States District Judge
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