Johnston v. Berryhill

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATION 14 : reversing and remanding matter pursuant to sentence four of 42 U.S.C. § 405(g) to the Commissioner for further consideration. JUDGMENT is for plaintiff and the case should be closed. Signed by Judge Ricardo S. Martinez. (PM)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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MICHELLE DIANE JOHNSTON,
Plaintiff,

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ORDER ADOPTING REPORT AND
RECOMMENDATION

v.

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CASE NO. C17-1359 RSM

NANCY A. BERRYHILL, Deputy
Commissioner of Social Security for
Operations, 1
Defendant.

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This matter comes before the Court on the Report and Recommendation of Judge J. Richard

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Creatura (Dkt. #14) and the Objections filed by the parties (Dkts. #15 and #16). Defendant raises

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arguments previously made in briefing and ignores the full basis for Judge Creatura’s ruling.

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Nothing contained in the Objections of either party causes the Court to question the Report and

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Nancy A. Berryhill is now the Acting Commissioner of Social Security. Pursuant to
Rule 25(d) of the Federal Rules of Civil Procedure, Nancy A. Berryhill is substituted for Acting
Commissioner Carolyn W. Colvin as the defendant in this suit, pursuant to the last sentence of
section 205(g) of the Social Security Act, 42 U.S.C. § 405(g).
ORDER ADOPTING REPORT AND
RECOMMENDATION - 1

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Recommendation, which set forth the proper legal standards, analyzed the issues that were

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dispositive, and came to a proper conclusion in this case.

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The Court, having reviewed the Report and Recommendation of Judge J. Richard Creatura,

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United States Magistrate Judge, the Objections of the parties, and the remainder of the record, does

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hereby find and ORDER:

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(1)

The Court adopts the Report and Recommendation.

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(2)

The matter is REVERSED and REMANDED pursuant to sentence four of 42
U.S.C. § 405(g) to the Commissioner for further consideration.

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(3)

JUDGMENT is for plaintiff and the case should be closed.

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(4)

The Clerk is directed to send copies of this Order to counsel of record.

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Dated this 4th day of January 2019.

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A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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ORDER ADOPTING REPORT AND
RECOMMENDATION - 2