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Flynn v. Berryhill

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON
Mar 26, 2018
No. 6:16-CV-02097-PK (D. Or. Mar. 26, 2018)

Opinion

No. 6:16-CV-02097-PK

03-26-2018

CAITLIN RITA FLYNN, Plaintiff, v. NANCY BERRYHILL, Acting Commissioner of Social Security Defendant.


ORDER :

Magistrate Judge Papak issued a Findings and Recommendation [22] on February 12, 2018, in which he recommends that the Court affirm the Commissioner's decision regarding Disability Insurance Benefits and reverse and remand the Commissioner's final decision regarding Supplemental Security Income for an immediate 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 Papak's Findings and Recommendation [22]. Accordingly, the Commissioner's decision regarding Disability Insurance Benefits under Title II is AFFIRMED, and the Commissioner's decision regarding Supplemental Security Income under Title XVI is REVERSED and REMANDED pursuant to Sentence Four of 42 U.S.C. § 405(g) for an immediate award of benefits.

IT IS SO ORDERED.

DATED this 26 day of March, 2018.

/s/_________

MARCO A. HERNÁNDEZ

United States District Judge


Summaries of

Flynn v. Berryhill

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON
Mar 26, 2018
No. 6:16-CV-02097-PK (D. Or. Mar. 26, 2018)
Case details for

Flynn v. Berryhill

Case Details

Full title:CAITLIN RITA FLYNN, Plaintiff, v. NANCY BERRYHILL, Acting Commissioner of…

Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

Date published: Mar 26, 2018

Citations

No. 6:16-CV-02097-PK (D. Or. Mar. 26, 2018)