Filed: Sep. 21, 2011
Latest Update: Sep. 21, 2011
Summary: ORDER MALCOLM F. MARSH, District Judge. Magistrate Judge Hubel issued a Findings and Recommendation on June 27, 2011, recommending that the Commissioner's October 7, 2009, final decision denying plaintiff's April 27, 2004, application for disability insurance benefits pursuant to Title II of the Social Security Act, 42 U.S.C. 1381 et seq, be reversed, and that this case be remanded to the Commissioner for the immediate payment of benefits. Defendant has filed timely objections (doc. 24). A
Summary: ORDER MALCOLM F. MARSH, District Judge. Magistrate Judge Hubel issued a Findings and Recommendation on June 27, 2011, recommending that the Commissioner's October 7, 2009, final decision denying plaintiff's April 27, 2004, application for disability insurance benefits pursuant to Title II of the Social Security Act, 42 U.S.C. 1381 et seq, be reversed, and that this case be remanded to the Commissioner for the immediate payment of benefits. Defendant has filed timely objections (doc. 24). Ac..
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ORDER
MALCOLM F. MARSH, District Judge.
Magistrate Judge Hubel issued a Findings and Recommendation on June 27, 2011, recommending that the Commissioner's October 7, 2009, final decision denying plaintiff's April 27, 2004, application for disability insurance benefits pursuant to Title II of the Social Security Act, 42 U.S.C. § 1381 et seq, be reversed, and that this case be remanded to the Commissioner for the immediate payment of benefits. Defendant has filed timely objections (doc. 24). Accordingly, the matter is now before me pursuant to 28 U.S.C. § 636(b)(1)(B) and Fed. R. Civ. P. 72(b). The court reviews de novo those portions of the Magistrate's Findings and Recommendation to which the Commissioner has objected. See 28 U.S.C. § 636(b)(1)(C); McDonnell Douglas Corp. v. Commodore Business Machines, Inc., 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 (1982).
After de novo review, I find no error by the magistrate judge in his painstaking analysis of the record, particularly relating to plaintiff's credibility, the disability opinion of treating physician, K. Annette Weller, M.D., and the lay witness evidence presented by plaintiff's husband.
Accordingly, I ADOPT the Findings and Recommendation (#16) of Magistrate Judge Hubel and remand this matter for the immediate payment of benefits.
IT IS SO ORDERED.
