Egbert v. Colvin

Filing 28

ORDER ADOPTING REPORT AND RECOMMENDATIONS as to 26 . The decision is hereby REMANDED to the Commissioner for further consideration and to remedy the specific deficiencies identified in the Report and Recommendation. The Clerk of Court is directed to close the case. Signed by Judge Jill N. Parrish on 8/25/17. (jlw)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH

NICOLE EGBERT O/B/O C.L.S.,
Plaintiff,

ORDER ADOPTING REPORT AND
RECOMMENDATION

v.
Case No. 1:16-cv-00120-JNP-DBP
NANCY A. BERRYHILL, in her capacity
as Acting Commissioner of the Social
Security Administration,

District Judge Jill N. Parrish
Magistrate Judge Dustin B. Pead

Defendant.

Plaintiff Nicole Egbert, on behalf of minor child C.L.S., brought this action seeking
judicial review of the Commissioner’s denial of the minor child’s claim for disability insurance
benefits and supplemental security income under the Social Security Act. The court referred this
matter to Magistrate Judge Dustin B. Pead pursuant to 28 U.S.C. § 636(b)(1)(B). (Docket No.
20). The administrative record was filed on November 22, 2016. (Docket No. 12). Plaintiff filed
her opening brief on December 22, 2016. (Docket No. 17). The Commissioner filed her answer
brief on February 13, 2017. (Docket No. 25). Plaintiff did not file a reply brief. Judge Pead did
not hold oral argument and instead decided the issues on the briefing submitted by the parties.
On July 13, 2017, Judge Pead filed the instant Report and Recommendation,
recommending a remand to the Commissioner for further consideration and the correction of
certain deficiencies. (Docket No. 26). Judge Pead’s Report also informed the parties of their right
to file an objection within fourteen days of service. The time to object has now expired and the
court has received no objections to the Report and Recommendation.

Based on the court’s de novo review of the record, the relevant legal authorities, and
Judge Pead’s Report and Recommendation, the court concludes that the Report and
Recommendation is a correct application of the law and the facts. Accordingly, the court
ORDERS as follows:
1. The Report and Recommendation (Docket No. 26) is ADOPTED IN FULL.
2. The decision is hereby REMANDED to the Commissioner for further consideration
and to remedy the specific deficiencies identified in the Report and Recommendation.
(See, e.g., Docket No. 26, at 9–10).
3. The Clerk of Court is directed to close the case.
SO ORDERED this 25th day of August, 2017.
BY THE COURT:

________________________________________
JILL N. PARRISH
United States District Judge

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