FAUNCE v. SOCIAL SECURITY ADMINISTRATION COMMISSIONER, No. 1:2022cv00239 - Document 27 (D. Me. 2023)

Court Description: ORDER ACCEPTING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE accepting 25 REPORT AND RECOMMENDED DECISION re 13 Social Security Statement of Errors/Fact Sheet By JUDGE JON D. LEVY. (clp)

Download PDF
FAUNCE v. SOCIAL SECURITY ADMINISTRATION COMMISSIONER Doc. 27 Case 1:22-cv-00239-JDL Document 27 Filed 08/18/23 Page 1 of 2 PageID #: 2653 UNITED STATES DISTRICT COURT DISTRICT OF MAINE KATHY F., ) ) ) ) ) ) ) ) ) ) ) Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant. 1:22-cv-00239-JDL ORDER ACCEPTING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE Kathy F. seeks judicial review of the Social Security Administration Commissioner’s final decision determining that she is not disabled and denying her application for Supplemental Security Income benefits (ECF No. 1). Pursuant to 28 U.S.C.A. § 636(b)(3) (West 2023) and D. Me. Local R. 16.3(a)(2), United States Magistrate Judge Karen Frink Wolf held a hearing on Plaintiff’s Statement of Errors (ECF No. 13) on June 14, 2023. The Magistrate Judge filed her Recommended Decision with the Court on June 28, 2023 (ECF No. 25), recommending that the Court vacate the Commissioner’s decision. The time within which to file objections has expired, and no objections have been filed. The Magistrate Judge notified the parties that failure to object would waive their right to de novo review and appeal. Notwithstanding this waiver, after reviewing and considering the Magistrate Judge’s Recommended Decision, together with the entire record, I have made a de novo determination of all matters adjudicated by the Magistrate Judge’s 1 Dockets.Justia.com Case 1:22-cv-00239-JDL Document 27 Filed 08/18/23 Page 2 of 2 PageID #: 2654 Recommended Decision. I concur with the Magistrate Judge’s conclusions as set forth in her Recommended Decision and determine that no further proceeding is necessary. It is therefore ORDERED that the Recommended Decision (ECF No. 25) of the Magistrate Judge is hereby ACCEPTED, and the Commissioner’s decision is VACATED, and the matter is REMANDED to the Commissioner pursuant to sentence four of 42 U.S.C.A. § 405(g) (West 2023) for further administrative action consistent with this opinion. SO ORDERED. Dated: August 18, 2023. /s/ Jon D. Levy CHIEF U.S. DISTRICT JUDGE 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.