Cook v. Astrue

Full title: KELLY COOK, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner, Social Security…

Court: United States District Court, D. Oregon, Portland Division

Date published: Jul 14, 2011

2:10-CV-00526-SU (D. Or. Jul. 14, 2011)

Opinion

2:10-CV-00526-SU.

July 14, 2011

ORDER

ANNA BROWN, District Judge

Magistrate Judge Patricia Sullivan issued Findings and Recommendation (#17) on April 29, 2011, in which she recommends this Court reverse the decision of the Commissioner and remand this matter for an immediate award of benefits. 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 United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9^th Cir. 2003) ( en banc); United States v. Bernhardt, 840 F.2d 1441, 1444 (9^th Cir. 1988).

In its Objections, Defendant reiterates the arguments contained in its Response brief. This Court has carefully considered Defendant's Objections and concludes they do not provide a basis to modify the Findings and Recommendation. The Court also has reviewed the pertinent portions of the record de novo and does not find any error in the Magistrate Judge's Findings and Recommendation.

CONCLUSION

The Court ADOPTS Magistrate Judge Sullivan's Findings and Recommendation (#17). 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 calculation and award of benefits.

IT IS SO ORDERED.

DATED this 13^th day of July, 2011.