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Town v. Astrue

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION
Jan 9, 2012
3:10-CV-1301-AC (D. Or. Jan. 9, 2012)

Opinion

3:10-CV-1301-AC

01-09-2012

PHYLLIS TOWN, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.

Merrill Schneider SCHNEIDER LAW OFFICERS Attorney for Plaintiff Adrian L. Brown U.S. ATTORNEY'S OFFICE District of Oregon David J. Burdett SOCIAL SECURITY ADMINISTRATION Office of the General Counsel Attorneys for Defendant


ORDER

Merrill Schneider

SCHNEIDER LAW OFFICERS

Attorney for Plaintiff

Adrian L. Brown

U.S. ATTORNEY'S OFFICE

District of Oregon

David J. Burdett

SOCIAL SECURITY ADMINISTRATION

Office of the General Counsel

Attorneys for Defendant HERNANDEZ, District Judge:

Magistrate Judge John V. Acosta issued a Findings and Recommendation (doc. #22) on December 19, 2011, in which he recommends that the Social Security Commissioner's (the "Commissioner") final decision in connection with Plaintiff's application for Disability Insurance Benefits under Title II of the Social Security Act be reversed and remanded to the Commissioner for reconsideration. The matter is now before me pursuant to 28 U.S.C. § 636(b)(1)(B) and Rule 72(b) of the Federal Rules of Civil Procedure.

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 Acosta's Findings and Recommendation (doc. #22). Accordingly, the Commissioner's final decision in connection with Plaintiff's application for Disability Insurance Benefits is reversed and remanded to the Commissioner for reconsideration.

IT IS SO ORDERED.

________________

MARCO A. HERNANDEZ

United States District Judge


Summaries of

Town v. Astrue

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION
Jan 9, 2012
3:10-CV-1301-AC (D. Or. Jan. 9, 2012)
Case details for

Town v. Astrue

Case Details

Full title:PHYLLIS TOWN, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social…

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

Date published: Jan 9, 2012

Citations

3:10-CV-1301-AC (D. Or. Jan. 9, 2012)