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Apachito v. Berryhill

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO
Aug 14, 2018
No. 17-cv-0504 JCH/SMV (D.N.M. Aug. 14, 2018)

Opinion

No. 17-cv-0504 JCH/SMV

08-14-2018

CORNITA M. APACHITO, Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of Social Security Administration, Defendant.


ORDER ADOPTING MAGISTRATE JUDGE'S PROPOSED FINDINGS AND RECOMMENDED DISPOSITION

THIS MATTER is before the Court on the Magistrate Judge's Proposed Findings and Recommended Disposition ("PF&RD") [Doc. 38], filed on July 30, 2018. On reference by the undersigned, [Doc. 19], the Honorable Stephan M. Vidmar, United States Magistrate Judge, considered the entire administrative record and found that the Administrative Law Judge's findings at step three were not supported by substantial evidence. Accordingly, he recommended that the case be remanded. No party has timely objected to the PF&RD.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Magistrate Judge's Proposed Findings and Recommended Disposition [Doc. 38] are ADOPTED; Plaintiff's Motion to Reverse or Remand Administrative Agency Decision [Doc. 33] is GRANTED; the Commissioner's final decision is reversed; and this case is remanded for further proceedings in accordance with the PF&RD [Doc. 38].

IT IS SO ORDERED.

/s/ _________

JUDITH C. HERRERA

United States District Judge


Summaries of

Apachito v. Berryhill

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO
Aug 14, 2018
No. 17-cv-0504 JCH/SMV (D.N.M. Aug. 14, 2018)
Case details for

Apachito v. Berryhill

Case Details

Full title:CORNITA M. APACHITO, Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner…

Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

Date published: Aug 14, 2018

Citations

No. 17-cv-0504 JCH/SMV (D.N.M. Aug. 14, 2018)