Summary
reversing the ALJ's decision to reject a physician because he "had only a brief treatment history" with the plaintiff where the physician had "repeated contacts with [the plaintiff] examined her, and had the opportunity to review her medical records, treatment notes, and X-rays"
Summary of this case from Jean K. v. Comm'r, Soc. Sec. Admin.Opinion
No. 03:11-CV-219-JE
07-09-2012
LINDA C. FAIGEN, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner, Social Security Administration, Defendant.
Alan Stuart Graf Alan Stuart Graf P.C. Attorney for Plaintiff Adrian L. Brown U.S. Attorney's Office, District of Oregon David J. Burdett Social Security Administration Attorneys for Defendant
ORDER
Alan Stuart Graf
Alan Stuart Graf P.C.
Attorney for Plaintiff
Adrian L. Brown
U.S. Attorney's Office, District of Oregon
David J. Burdett
Social Security Administration
Attorneys for Defendant HERNANDEZ, District Judge:
Magistrate Judge Jelderks issued a Findings and Recommendation (#23) on June 7, 2012, in which he recommends that this Court reverse the Commissioner's decision and remand for a finding of disability and an award of benefits. The matter is now before me pursuant to 28 U.S.C. § 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b).
Because no objections to the Magistrate Judge's Findings and Recommendation were timely filed, I am relieved of my obligation to review the record de novo. United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc); see also United States v. Bernhardt, 840 F.2d 1441, 1444 (9th Cir. 1988) (de novo review required only for portions of Magistrate Judge's report to which objections have been made). Having reviewed the legal principles de novo, I find no error.
CONCLUSION
The Court adopts Magistrate Judge Jelderks's Findings and Recommendation (#23). Accordingly, the Commissioner's decision is reversed, and this action is remanded for a finding of disability and an award of benefits.
IT IS SO ORDERED.
______________________
MARCO A. HERNANDEZ
United States District Judge