Abel v. Commissioner Social Security Administration, No. 3:2017cv01575 - Document 22 (D. Or. 2018)

Court Description: OPINION & ORDER: Adopting the Magistrate's Findings and Recommendation 19 . This case is Reversed and Remanded for the immediate payment of benefits. Signed on 11/12/18 by Judge Michael W. Mosman. (gm)

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Abel v. Commissioner Social Security Administration Doc. 22 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION KEl\'NETH A. 1, Case No. 3:17-cv-01575-JR Plaintiff, v. OPINION AND ORDER NANCY A. BERRYHILL, Acting Commissioner of the Social Security Administration, Defendant. MOSMAN,J., On September 4, 2018, Magistrate Judge Paul Papak issued his Findings and Recommendation (F&R) [19], recommending that I REVERSE and REMAND for the immediate payment of benefits. Neither party objected. DISCUSSION The magistrate judge makes only recommendations to the court, to which any party may file written objections. The court is not bound by the recommendations of the magistrate judge, but retains responsibility for making the final determination. The court is generally required to make a de nova dete1mination regarding those portions of the report or specified findings or recommendation as to which an objection is made. 28 U.S.C. § 636(b)(l)(C). However, the 1 In the interest of privacy, this opinion uses only the first name and the initial of the last name of the nongovernmental party in this case. I - OPINION AND ORDER Dockets.Justia.com court is not required to review, de novo or under any other standard, the factual or legal conclusions of the magistrate judge as to those portions of the F&R to which no objections are addressed. See Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). While the level of scrutiny under which I am required to review the F&R depends on whether or not objections have been filed, in either case, I am free to accept, reject, or modify any part of the F&R. 28 U.S.C. § 636(b)(l)(C). CONCLUSION Upon review, I agree with Judge Papak's recommendation and I ADOPT the F&R [19] in full. I REVERSE and REMAND for the immediate payment of benefits. IT IS SO ORDERED. I Ip_,,,.. DATED this ___L£,"_ day of November, 2018. 2 - OPINION AND ORDER C hief United States District Judge

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