-jmc Cheney v. Social Security Administration, Commissioner, No. 5:2010cv00174 - Document 16 (D. Vt. 2011)

Court Description: OPINION AND ORDER ADOPTING 15 REPORT AND RECOMMENDATION granting 10 Motion to Reverse Decision of SSA; denying 11 Motion to Affirm Decision of SSA. This matter is remanded to the Administrative Law Judge under sentence four of 42:405(g) for further proceedings. Signed by Chief Judge Christina Reiss on 5/13/2011. (pam)

Download PDF
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF VERMONT Heather Cheney, Plaintiff, v. Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) zn/l MAY 13 PH 4: 16 Case No.5: 10-cv-174 OPINION AND ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION (DOCS 10, 11 & 15) The Report and Recommendation of the United States Magistrate Judge was filed on April 19, 2011. (Doc. 15.) After careful review of the file and the Magistrate Judge's Report and Recommendation, no objections having been filed by any party, this court hereby ADOPTS the Magistrate Judge's recommendations in full for the reasons stated in the report. A district judge must make a de novo determination of those portions of a magistrate judge's report and recommendation to which an objection is made. Fed. R. Civ. P. 72(b); 28 U.S.C. § 636(b)(1); Perez-Rubio v. Wycoff, 718 F. Supp. 217, 227 (S.D.N.Y. 1989). The district judge may "accept, reject, or modify, in whole or in part, the magistrate's proposed findings and recommendations." Id. When no timely objection is filed, the court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation. See Campbell v. United States Dist. Court, 501 F.2d 196,206 (9th Cir. 1974), cert denied, 419 U.S. 879 (1974). Here, that standard is satisfied. ORDER Plaintiff Heather Cheney's motion to reverse and remand the decision of the Commissioner of Social Security (the "Commissioner") denying her application for disability insurance benefits (Doc. 10) is hereby GRANTED. The Commissioner's motion for an order affirming the decision of the Commissioner (Doc. 11) is hereby DENIED. This matter is remanded to the Administrative Law Judge under sentence four of 42 U.S.C. § 405(g) for further proceedings, in accordance with the Report and Recommendations as adopted by this court. SO ORDERED. Dated at Burlington, in the District of Vermont, this J3 th day of May, 2011. ~ United States District Court 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.