From Casetext: Smarter Legal Research

Petrone v. Astrue

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON MEDFORD DIVISION
Nov 20, 2012
No. 1:11-cv-484-CL (D. Or. Nov. 20, 2012)

Opinion

No. 1:11-cv-484-CL

11-20-2012

LOUIS PETRONE, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner, Social Security Commission, Defendant.


ORDER

PANNER, District Judge:

Magistrate Judge Mark D. Clarke filed Findings 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 legal principles de novo. See Lorin Corp. v Goto & Co., Ltd., 700 F.2d 1202, 1206 (8th Cir. 1983).

I agree with Magistrate Judge Clarke that the ALJ erred by finding that plaintiff was performing substantial gainful activity from January 2007 through July 2008. I ADOPT the Findings and Recommendation.

CONCLUSION

Magistrate Judge Clarke's Report and Recommendation (#21) is adopted. The decision of the Commissioner is reversed and remanded pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings consistent with the Findings and Recommendation.

IT IS SO ORDERED.

_________________________

OWEN M. PANNER

U.S. DISTRICT JUDGE


Summaries of

Petrone v. Astrue

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON MEDFORD DIVISION
Nov 20, 2012
No. 1:11-cv-484-CL (D. Or. Nov. 20, 2012)
Case details for

Petrone v. Astrue

Case Details

Full title:LOUIS PETRONE, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner, Social…

Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON MEDFORD DIVISION

Date published: Nov 20, 2012

Citations

No. 1:11-cv-484-CL (D. Or. Nov. 20, 2012)