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Johnston v. Berryhill, C17-1359 RSM. (2019)

Court: District Court, D. Washington Number: infdco20190107b04 Visitors: 23
Filed: Jan. 04, 2019
Latest Update: Jan. 04, 2019
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION RICARDO S. MARTINEZ , Chief District Judge . This matter comes before the Court on the Report and Recommendation of Judge J. Richard Creatura (Dkt. #14) and the Objections filed by the parties (Dkts. #15 and #16). Defendant raises arguments previously made in briefing and ignores the full basis for Judge Creatura's ruling. Nothing contained in the Objections of either party causes the Court to question the Report and Recommendation, which set forth t
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ORDER ADOPTING REPORT AND RECOMMENDATION

This matter comes before the Court on the Report and Recommendation of Judge J. Richard Creatura (Dkt. #14) and the Objections filed by the parties (Dkts. #15 and #16). Defendant raises arguments previously made in briefing and ignores the full basis for Judge Creatura's ruling. Nothing contained in the Objections of either party causes the Court to question the Report and Recommendation, which set forth the proper legal standards, analyzed the issues that were dispositive, and came to a proper conclusion in this case.

The Court, having reviewed the Report and Recommendation of Judge J. Richard Creatura, United States Magistrate Judge, the Objections of the parties, and the remainder of the record, does hereby find and ORDER:

(1) The Court adopts the Report and Recommendation. (2) The matter is REVERSED and REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) to the Commissioner for further consideration. (3) JUDGMENT is for plaintiff and the case should be closed. (4) The Clerk is directed to send copies of this Order to counsel of record.

FootNotes


1. Nancy A. Berryhill is now the Acting Commissioner of Social Security. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Nancy A. Berryhill is substituted for Acting Commissioner Carolyn W. Colvin as the defendant in this suit, pursuant to the last sentence of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g).
Source:  Leagle

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