(SS) Yang v. Commissioner of Social Security, No. 1:2020cv01353 - Document 24 (E.D. Cal. 2022)

Court Description: ORDER ADOPTING 23 Findings and Recommendations and REVERSING and REMANDING Action, signed by District Judge Anthony W. Ishii on 9/12/2022. CASE CLOSED. (Rivera, O)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 TRIA YANG, 11 Case No. 1:20-cv-01353-AWI-BAM Plaintiff, 12 v. 13 KILOLO KIJAKAZI, Acting Commissioner of Social Security,1 14 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND REVERSING AND REMANDING ACTION (Docs. 18, 21, 23) Defendant. 15 Plaintiff Tria Yang (“Plaintiff”) seeks judicial review of a final decision of the 16 17 Commissioner of Social Security (“Commissioner”) denying Plaintiff’s application for disability 18 insurance benefits under Title II of the Social Security Act and supplemental security income 19 under title XVI of the Social Security Act. 20 On August 3, 2022, the magistrate judge issued findings and recommendations 21 recommending that the decision of the Commissioner be reversed, and the case be remanded to 22 the ALJ for further proceedings. (Doc. 23.) The findings and recommendations were served on 23 the parties and contained notice that any objections thereto were to be filed within fourteen (14) 24 days after service. (Id. at 10.) No objections have been filed, and the time in which to do so has 25 passed. 26 27 28 1 Kilolo Kijakazi became the Acting Commissioner of Social Security on July 9, 2021. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Kilolo Kijakazi is substituted for Andrew Saul as the defendant in this suit. 1 1 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(c), this Court has conducted a 2 de novo review of the case. Having carefully reviewed the entire file, the Court finds that the 3 findings and recommendations are supported by the record and proper analysis. 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. 6 7 8 9 10 The findings and recommendations issued on August 3, 2022 (Doc. 23) are adopted in full; 2. The decision of the Commissioner is reversed, and the case remanded to the ALJ for further proceedings consistent with the findings and recommendations; and 3. The Clerk of the Court is directed to enter judgment in favor of Plaintiff Tria Yang and against Defendant Kilolo Kijakazi, Acting Commissioner of Social Security. 11 12 13 IT IS SO ORDERED. Dated: September 12, 2022 SENIOR DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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