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Oblitas v. Berryhill, 2:17-cv-02420-JAD-VCF. (2018)

Court: District Court, D. Nevada Number: infdco20180803a91 Visitors: 5
Filed: Aug. 02, 2018
Latest Update: Aug. 02, 2018
Summary: Order Adopting Report and Recommendation, Granting Motion for Remand, and Denying Cross Motion to Affirm [ECF Nos. 17, 20] JENNIFER A. DORSEY , District Judge . Counseled plaintiff Rene R. Oblitas was denied social security disability benefits. 1 His request for reconsideration was denied. After a de novo hearing, an administrative law judge found that Oblitas suffered from multiple physical impairments but was not disabled during the relevant timeframe and denied him benefits. 2 Oblitas
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Order Adopting Report and Recommendation, Granting Motion for Remand, and Denying Cross Motion to Affirm

[ECF Nos. 17, 20]

Counseled plaintiff Rene R. Oblitas was denied social security disability benefits.1 His request for reconsideration was denied. After a de novo hearing, an administrative law judge found that Oblitas suffered from multiple physical impairments but was not disabled during the relevant timeframe and denied him benefits.2 Oblitas moves to reverse or remand this case to the Social Security Administration for further proceedings,3 and the Commissioner cross moves to affirm the administrative law judge's decision.4

Magistrate Judge Cam Ferenbach reviewed the parties' motions and recommends that I grant Oblitas's motion to reverse or remand, deny the Commissioner's cross motion to affirm, and remand this case to the Social Security Administration for a calculation of benefits.5 Judge Ferenbach issued his report and recommendation on July 17, 2018, making July 31, 2018, the deadline to file objections. That deadline has expired and no objections have been filed. "[N]o review is required of a magistrate judge's report and recommendation unless objections are filed."6

Accordingly, IT IS HEREBY ORDERED that Magistrate Judge Ferenbach's report and recommendation [ECF No. 22] is ACCEPTED and ADOPTED. Oblitas's motion to reverse or remand [ECF No. 17] is GRANTED, the Commissioner's cross motion to affirm [ECF No. 20] is DENIED, and this case is REMANDED to the Social Security Administration for a calculation of benefits. The Clerk of Court is directed to ENTER JUDGMENT accordingly and CLOSE THIS CASE.

FootNotes


1. ECF No. 4.
2. Id.
3. ECF No. 17.
4. ECF No. 20.
5. ECF No. 22.
6. Schmidt v. Johnstone, 263 F.Supp.2d 1219, 1226 (D. Ariz. 2003); see also Thomas v. Arn, 474 U.S. 140, 150 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003).
Source:  Leagle

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