(SS) Beberian v. Commissioner of Social Security, No. 1:2020cv01533 - 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 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GEORGE KOVARK BEBERIAN, 12 Plaintiff, 13 v. 14 KILOLO KIJAKAZI, Acting Commissioner of Social Security,1 15 Case No. 1:20-cv-01533-AWI-BAM ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND REVERSING AND REMANDING ACTION (Docs. 21, 23) Defendant. 16 Plaintiff George Kovark Beberian (“Plaintiff”) seeks judicial review of a final decision of 17 18 the Commissioner of Social Security (“Commissioner”) denying Plaintiff’s application for 19 supplemental security income under Title XVI of the Social Security Act. On August 19, 2022, the assigned magistrate judge issued findings and recommendations 20 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 The findings and recommendations issued on August 19, 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 George 10 Kovark Beberian and against Defendant Kilolo Kijakazi, Acting Commissioner of Social 11 Security. 12 13 14 IT IS SO ORDERED. Dated: September 12, 2022 SENIOR DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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