Cheney v. Social Security Administration, Commissioner
Filing
16
OPINION AND ORDER ADOPTING 15 REPORT AND RECOMMENDATION granting 10 Motion to Reverse Decision of SSA; denying 11 Motion to Affirm Decision of SSA. This matter is remanded to the Administrative Law Judge under sentence four of 42:405(g) for further proceedings. Signed by Chief Judge Christina Reiss on 5/13/2011. (pam)
UNITED STATES DISTRICT COURT
FOR THE
DISTRICT OF VERMONT
Heather Cheney,
Plaintiff,
v.
Commissioner of Social Security,
Defendant.
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zn/l MAY 13
PH 4: 16
Case No.5: 10-cv-174
OPINION AND ORDER ADOPTING MAGISTRATE JUDGE'S
REPORT AND RECOMMENDATION
(DOCS 10, 11 & 15)
The Report and Recommendation of the United States Magistrate Judge was filed
on April 19, 2011. (Doc. 15.) After careful review of the file and the Magistrate Judge's
Report and Recommendation, no objections having been filed by any party, this court
hereby ADOPTS the Magistrate Judge's recommendations in full for the reasons stated in
the report.
A district judge must make a de novo determination of those portions of a
magistrate judge's report and recommendation to which an objection is made. Fed. R.
Civ. P. 72(b); 28 U.S.C. § 636(b)(1); Perez-Rubio v. Wycoff, 718 F. Supp. 217, 227
(S.D.N.Y. 1989). The district judge may "accept, reject, or modify, in whole or in part,
the magistrate's proposed findings and recommendations." Id. When no timely
objection is filed, the court need only satisfy itself that there is no clear error on the face
of the record in order to accept the recommendation. See Campbell v. United States Dist.
Court, 501 F.2d 196,206 (9th Cir. 1974), cert denied, 419 U.S. 879 (1974). Here, that
standard is satisfied.
ORDER
Plaintiff Heather Cheney's motion to reverse and remand the decision of the
Commissioner of Social Security (the "Commissioner") denying her application for
disability insurance benefits (Doc. 10) is hereby GRANTED. The Commissioner's
motion for an order affirming the decision of the Commissioner (Doc. 11) is hereby
DENIED. This matter is remanded to the Administrative Law Judge under sentence four
of 42 U.S.C. § 405(g) for further proceedings, in accordance with the Report and
Recommendations as adopted by this court.
SO ORDERED.
Dated at Burlington, in the District of Vermont, this
J3
th
day of May, 2011.
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United States District Court
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