Foster v. Astrue

Filing 19

ORDER ADOPTING REPORT AND RECOMMENDATION re 18 Report and Recommendations. Signed by Judge Robert J. Bryan. (JL)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 8 9 10 11 CASEY A. FOSTER Plaintiff, 12 13 14 15 CASE NO. C11-6070 RJB v. ORDER ADOPTING REPORT AND RECOMMENDATION AFFIRMING COMMISSIONER’S DECISION DENYING BENEFITS MICHAEL J. ASTRUE, Commissioner of Social Security Defendant. 16 This matter comes before the Court on the Report and Recommendation of the U.S. 17 Magistrate Judge Karen L. Strombom, recommending that the Court affirm the decision of the 18 Social Security Administration that denied Plaintiff’s application for disability insurance 19 benefits. Dkt. 18. The Plaintiff has not filed objections to the Report and Recommendation. 20 The Court must uphold a decision of Defendant based on substantial evidence and free of 21 legal error. Burch v. Barnhart, 400 F.3d 676, 679 (9th Cir. 2005); 42 U.S.C. § 405(g). The 22 Court need only make a de novo determination of the portions of Magistrate Judge Strombom’s 23 Report and Recommendation to which Plaintiff makes objections. 28 U.S.C. § 636(b)(1). 24 ORDER ADOPTING REPORT AND RECOMMENDATION AFFIRMING COMMISSIONER’S DECISION DENYING BENEFITS- 1 1 The Court, having reviewed Plaintiff's complaint, the Report and Recommendation of 2 Judge Karen L. Strombom, United States Magistrate Judge, and the remaining record, does 3 hereby find and ORDER: 4 1. The Court adopts the Report and Recommendation; 5 2. The administrative decision is AFFIRMED; 6 3. The Clerk is directed to send copies of this Order to Plaintiff’s counsel, 7 Defendant’s counsel and Magistrate Judge Karen L. Strombom. 8 Dated this 19th day of November, 2012. 9 10 11 A ROBERT J. BRYAN United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 ORDER ADOPTING REPORT AND RECOMMENDATION AFFIRMING COMMISSIONER’S DECISION DENYING BENEFITS- 2

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