Opinion
Civ. No. 09-6240-CL.
March 18, 2011
ORDER
Magistrate Judge Mark D. Clarke filed a Report and Recommendation, and the matter is now before this court. See 28 U.S.C. § 636(b)(1)(B), Fed.R.Civ.P. 72(b). Although no objections have been filed, this court reviews the legal principles de novo. See Lorin Corp. v Goto Co., Ltd., 700 F.2d 1202, 1206 (9th Cir. 1983).
I have given the legal issues de novo review. I agree with Magistrate Judge Clarke that the ALJ erred in evaluating the opinions of Drs. Brewster and Alley, and that this case should be remanded for further proceedings rather than an award of benefits. Accordingly, I ADOPT the Report and Recommendation of Magistrate Judge Clarke.
CONCLUSION
Magistrate Judge Clarke's Report and Recommendation (#19) is adopted. Pursuant to sentence four of 42 U.S.C. § 405(g), the decision of the Commissioner is reversed and remanded for further proceedings consistent with the Report and Recommendation.
IT IS SO ORDERED.