(SS) Brown v. Commissioner of Social Security, No. 1:2007cv01375 - Document 25 (E.D. Cal. 2009)

Court Description: ORDER ADOPTING FINDINGS and RECOMMENDATIONS on Plaintiff's Social Security Complaint 20 , signed by District Judge Lawrence J. O'Neill on 5/1/09. CASE CLOSED(Gil-Garcia, A)

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(SS) Brown v. Commissioner of Social Security Doc. 25 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CHARLES BROWN, SR., 12 13 14 CASE NO. CV F 07-1375 LJO SMS Plaintiff, ORDER TO ADOPT FINDINGS AND RECOMMENDATIONS ON PLAINTIFF’S SOCIAL SECURITY COMPLAINT (Doc. 20.) vs. MICHAEL J. ASTRUE, Commissioner of Social Security, 15 Defendant. 16 17 / INTRODUCTION 18 Plaintiff Charles Brown, Sr. (“plaintiff”) seeks this Court’s review of an administrative law 19 judge’s (“ALJ’s”) decision that plaintiff is neither disabled nor entitled to disability insurance benefits 20 under Title II of the Social Security Act, 42 U.S.C. §§ 401-433. After review of the Administrative 21 Record and the parties’ papers, the magistrate judge issued March 27, 2009 findings and 22 recommendations to: (1) GRANT plaintiff’s request to reverse the ALJ’s decision to deny plaintiff 23 disability insurance benefits; and (2) REMAND to determine the onset date of plaintiff’s disability. No 24 timely objections to the findings and recommendations were filed. 25 CONCLUSION AND ORDER 26 Pursuant to 28 U.S.C. § 636(b)(1)(C), this Court conducted a de novo review of this case. After 27 carefully evaluating the record, this Court finds the magistrate judge’s findings and recommendations 28 are supported by the record and proper analysis. 1 Dockets.Justia.com 1 Accordingly, this Court: 2 1. ADOPTS in full the magistrate judge’s March 27, 2009 findings and recommendations; 3 2. REMANDS this matter pursuant to sentence four of 42 U.S.C. § 405(g) for further 4 proceedings to award disability insurance benefits and to determine the onset date of 5 plaintiff’s disability; and 6 3. DIRECTS this Court’s clerk to enter judgment in favor of plaintiff Charles Brown, Sr. 7 and against defendant Michale J. Astrue, Commissioner of Social Security, and to close 8 this action. 9 10 IT IS SO ORDERED. 11 Dated: 66h44d May 1, 2009 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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