Opinion
3:12-cv-00627-AC
08-20-2013
ERIK LEE GLASS, Plaintiff, v. CAROLYN W. COLVIN,1 Acting Commissioner, Social Security Administration, Defendant.
ORDER
BROWN, Judge.
Magistrate Judge John V. Acosta issued Findings and Recommendation (#25) on July 29, 2013, in which he recommends that this Court reverse the decision of the Commissioner, remand for an immediate award of benefits, and enter a final judgment pursuant to sentence four of 42 U.S.C. § 405(g). Defendant filed timely Objections to the Findings and Recommendation. The matter is now before this Court pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b).
When any party objects to any portion of the Magistrate Judge's Findings and Recommendation, the district court must make a de novo determination of that portion of the Magistrate Judge's report. 28 U.S.C. § 636(b)(1). See also Dawson v. Marshall, 561 F.3d 930, 932 (9 Cir. 2009); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9 Cir. 2003)(en banc).
The Magistrate Judge refers in at least two places to an application for Disability Insurance Benefits (DIB) under Title II of the Social Security Act (the Act). See 42 U.S.C. §§ 401-33. The Commissioner, however, notes this case involves only a claim by Plaintiff for Supplemental Security Income disability benefits under Title XVI of the Act. See 42 U.S.C. §§ 1381-1383f. Nevertheless, the Court finds the Magistrate Judge's brief references to DIB do not affect or alter the substance of his analysis nor the fact that his analysis applies to and supports his Findings and Recommendation as to Plaintiff's claim for Supplemental Security Income disability benefits.
This Court has carefully considered the Commissioner's Objections and concludes they do provide a basis to modify the Finding and Recommendation. The Court has also reviewed the pertinent portions of the record de novo and does not find any other error in the Magistrate Judge's Findings and Recommendation.
CONCLUSION
The Court MODIFIES Magistrate Judge Acosta's Findings and Recommendation (#25) to eliminate all references to disability insurance benefits under Title XVI of the Social Security Act and ADOPTS the remainder of Magistrate Judge Acosta's Findings and Recommendation. Accordingly, the Court REVERSES the decision of the Commissioner and REMANDS this matter pursuant to sentence four of 42 U.S.C. § 405(g) for the immediate calculation and award of benefits.
IT IS SO ORDERED.
______________________
ANNA J. BROWN
United States District Judge