Friesen v. Commissioner Social Security Administration, No. 6:2017cv01982 - Document 21 (D. Or. 2019)
Court Description: OPINION AND ORDER. Upon review, I agree with Judge You's recommendation and I ADOPT the F&R 19 as my own opinion. The Commissioner's decision is REVERSED and this case is REMANDED for an immediate award of benefits. IT IS SO ORDERED. Signed on 7/12/2019 by Judge Michael W. Mosman. (pvh)
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Friesen v. Commissioner Social Security Administration Doc. 21 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON EUGENE DIVISION CHELSEY, F., 1 Plaintiff, No. 6:17-CV-01982-YY v. OPINION AND ORDER ANDREW M. SAUL, Commissioner of Social Security, Defendant. MOSMAN,J., On June 20, 2019, Magistrate Judge Youlee Yim You issued her Findings and Recommendation (F&R) [19], recommending that the Commissioner's decision be REVERSED and this case REMANDED for an immediate award of benefits. Neither party filed objections to the F&R. 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 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. 1 1 - OPINION AND ORDER Dockets.Justia.com make a de novo determination 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 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 You's recommendation and I ADOPT the F&R [19] as my own opinion. The Commissioner's decision is REVERSED and this case is REMANDED for an immediate award of benefits. IT IS SO ORDERED. DATED this--L.2tday of July, 2019. 2 - OPINION AND ORDER
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