Summary
finding failure to include limitations about concentration, persistence, or pace in the RFC as reversible error if the ALJ found such limitations at step three
Summary of this case from Becky B. v. SaulOpinion
6:12-CV-02289-AC
09-15-2014
DELFINA S. SAUCEDO, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner, Social Security Administration, Defendant.
ORDER
Magistrate Judge John V. Acosta issued Findings and Recommendation (#25) on August 13, 2013, in which he recommends this Court reverse the decision of the Commissioner and remand for an immediate award of benefits pursuant to sentence four of 42 U.S.C. § 405(g). The matter is now before this Court pursuant to 28 U.S.C. § 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b).
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. See Dawson v. Marshall, 561 F.3d 930, 932 (9th Cir. 2009). See also United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)(en banc). Having reviewed the legal principles de novo, the Court does not find any error.
CONCLUSION
The Court ADOPTS Magistrate Judge Acosta's Findings and Recommendation (#25). Accordingly, the Court REVERSES the decision of the Commissioner and REMANDS this matter pursuant to sentence four of 42 U.S.C. § 405(g) for the calculation and award of benefits.
IT IS SO ORDERED.
DATED this 15th day of September, 2014.
/s/ Anna J. Brown
ANNA J. BROWN
United States District Judge