Eaton v. Berryhill

Filing 22

MEMORANDUM DECISION AND ORDER ADOPTING 21 REPORT AND RECOMMENDATIONS: Commissioner's decision is reversed and remanded. On remand, Commissioner should reevaluate Plaintiff's credibility in full compliance with SSR 16-3p. Signed by Judge David Nuffer on 9/26/18 (alt)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, NORTHERN DIVISION
TRAVIS E.,

MEMORANDUM DECISION AND
ORDER ADOPTING REPORT
AND RECOMMENDATION

Plaintiff,
v.

Case No. 1:17-cv-00048-DN-EJF

NANCY A BERRYHILL, Acting
Commissioner of Social Security,

District Judge David Nuffer

Defendant.
The Report and Recommendation 1 issued by United States Magistrate Judge Evelyn J.
Furse on September 6, 2018, recommends remand of the Commissioner’s decision denying
Plaintiff’s claim for child insurance benefits and supplemental security income.
The parties were notified of their right to file objections to the Report and Recommendation
within 14 days of its service in accordance with 28 U.S.C. § 636 and Fed. R. Civ. P. 72. No party
filed a written objection to the Report and Recommendation. Therefore, the analysis and
conclusion of the Magistrate Judge are accepted, and the Report and Recommendation 2 is
adopted in its entirety. The Commissioner’s decision is REVERSED, and the case is
REMANDED to the Commissioner. On remand, the Commissioner should reevaluate Plaintiff’s
credibility in full compliance with SSR 16-3p.
ORDER
IT IS HEREBY ORDERED that the Report and Recommendation 3 is ADOPTED and the
Commissioner’s decision is REVERSED, and the case is REMANDED to the Commissioner. On

1

Docket no. 21, filed September 6, 2018.

2

Id.

3

Id.

remand, the Commissioner should reevaluate Plaintiff’s credibility in full compliance with
SSR 16-3p.
Signed September 26, 2018.
BY THE COURT:

David Nuffer
United States District Judge

2