Erickson v. Berryhill, No. 9:2017cv00016 - Document 12 (D. Mont. 2018)
Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS and denying 8 Motion for Summary Judgment. The Commissioner's decision is AFFIRMED. Signed by Judge Dana L. Christensen on 3/27/2018. (APP)
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Erickson v. Berryhill Doc. 12 FILED IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA MISSOULA DIVISION MAR 2 7 2018 Cler1<, U.S District Court District Of Montana Missoula BELINDA D. ERICKSON, CV 17-16-M-DLC-JCL Plaintiff, vs. ORDER NANCY A. BERRYIDLL, Acting Commissioner of Social Security, Defendant. United States Magistrate Judge Jeremiah C. Lynch entered his Findings and Recommendations on January 30, 2018, recommending that the Commissioner's decision be affirmed. Plaintiff Belinda D. Erickson ("Erickson") failed to timely object to the Findings and Recommendations, and so waived the right to de novo review of the record. 28 U.S.C. ยง 636(b)(l). the record for clear error. The Court will therefore review McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). Clear error exists ifthe Court is left with a "definite and firm conviction that a mistake has been committed." States v. Syrax, 235 F.3d 422, 427 (9th Cir. 2000). United Because the parties are familiar with the facts of this case they will only be included here as necessary to explain the Court's order. -1- Dockets.Justia.com Erickson brings this action challenging the decision of the Commissioner of Social Security denying her application for disability insurance benefits. Erickson's claim stems from her allegations of disability after she fell and injured herself while walking across a parking lot. After an administrative hearing, an administrative law judge ("ALJ") found that Erickson was not disabled within the meaning of the Act. Judge Lynch recommends that the Commissioner's decision be affirmed, because it is based on substantial evidence and is free of prejudicial error. The Court agrees with Judge Lynch's findings and concludes that it is free from factual or legal error. Accordingly, IT IS ORDERED that Judge Lynch's Findings and Recommendation (Doc. 11) are ADOPTED IN FULL. The Commissioner's decision is AFFIRMED. DATED this 27th day of March, 2018. Dana L. Christensen, Chief istrict Judge United States District Court -2-
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