Langdon v. Commissioner Social Security Administration, No. 3:2015cv01342 - Document 24 (D. Or. 2016)

Court Description: OPINION AND ORDER: The Court ADOPTS Magistrate Judge Papaks Findings & Recommendation 18 , and therefore, the Commissioners final decision is REVERSED and this case is REMANDED for an immediate award of benefits. Signed on 12/15/16 by Judge Marco A. Hernandez. (jp)

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Langdon v. Commissioner Social Security Administration Doc. 24 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON JEAN LANGDON, Plaintiff, v. No. 3:15-cv-01342-PK OPINION AND ORDER CAROLYN W. COLVIN Commissioner, Social Security Administration, Defendants. HERNÁNDEZ, District Judge: Magistrate Judge Paul Papak issued a Findings & Recommendation [18] on September 6, 2016, recommending that the Commissioner of Social Security’s decision be reversed and the case remanded for the immediate payment of benefits. Defendant has timely filed objections [20] to the Findings & Recommendation. The matter is now before me pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b). 1 – ORDER Dockets.Justia.com When a party objects to any portion of the Magistrate Judge's Findings & Recommendation, the district court must make a de novo determination of that portion of the Magistrate Judge's report. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3); Dawson v. Marshall, 561 F.3d 930, 932 (9th Cir. 2009); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc). I have carefully considered Defendant’s objections and conclude there is no basis to modify the Findings & Recommendation. I have also reviewed the pertinent portions of the record de novo and find no errors in the Magistrate Judge's Findings & Recommendation. CONCLUSION The Court ADOPTS Magistrate Judge Papak’s Findings & Recommendation [18], and therefore, the Commissioner’s final decision is REVERSED and this case is REMANDED for an immediate award of benefits. IT IS SO ORDERED. DATED this _______ day of ____________________, 2016. MARCO A. HERNÁNDEZ United States District Judge 2 – ORDER

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