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KLOEPFER v. ASTRUE, 3:10-CV-233-JE. (2011)

Court: District Court, D. Oregon Number: infdco20110712814 Visitors: 14
Filed: Jul. 11, 2011
Latest Update: Jul. 11, 2011
Summary: ORDER ANNA J. BROWN, District Judge. Magistrate Judge John Jelderks issued Findings and Recommendation (#25) on June 8, 2011, in which he recommends this Court reverse the Commissioner's decision and remand this matter for the immediate calculation and awrd of benefits. Because no objections to the Magistrate Judge's Findings and Recommendation were timely filed, this Court is relieved of its obligation to review the record de novo. Britt v. Simi Valley Unified School Dist. , 708 F.2d 452 ,
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ORDER

ANNA J. BROWN, District Judge.

Magistrate Judge John Jelderks issued Findings and Recommendation (#25) on June 8, 2011, in which he recommends this Court reverse the Commissioner's decision and remand this matter for the immediate calculation and awrd of benefits.

Because no objections to the Magistrate Judge's Findings and Recommendation were timely filed, this Court is relieved of its obligation to review the record de novo. Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983) (rev'd on other grounds). See also Lorin Corp. v. Goto & Co., 700 F.2d 1202, 1206 (8th Cir. 1983). The Court has reviewed the legal principles de novo and adopts the Findings and Recommendation with the following minor modifications:

On page twelve of the Findings and Recommendation, the Court assumes the Magistrate Judge meant to conclude: "The Commissioner has [not] cited, and I have [not] found, [any] requirement that lay testimony be credited only if it is bolstered by some sort of unidentified other `objectively verifiable' evidence." On page thirteen of the Findings and Recommendation, the Court notes the citation to Lester v. Chater should be to the third volume of the Federal Reporter. 81 F.3d 821 (9th Cir. 1995).

CONCLUSION

The Court ADOPTS as modified Magistrate Judge Jelderks's Findings and Recommendation (#25). Accordingly, the Court REVERSES the decision of the Commissioner and REMANDS this matter to the Commissioner for the immediate calculation and award of benefits.

IT IS SO ORDERED.

Source:  Leagle

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