Summary
holding failure to apply this regulation after effective date was "clear error"
Summary of this case from Donna J. v. Comm'r of Soc. Sec.Opinion
No. 3:17-cv-00597-JE
03-18-2019
ANDRES G., Plaintiff, v. COMMISSIONER, SOCIAL SECURITY ADMINISTRATION, Defendant.
ORDER :
Magistrate Judge Jelderks issued a Findings and Recommendation [23] on December 27, 2018, in which he recommends that the Commissioner's decision be reversed and remanded for further proceedings. The matter is now before the 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, the Court is relieved of its obligation to review the record de novo. United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc); see also United States v. Bernhardt, 840 F.2d 1441, 1444 (9th Cir. 1988) (de novo review required only for portions of Magistrate Judge's report to which objections have been made). Having reviewed the legal principles de novo, the Court finds no error.
CONCLUSION
The Court ADOPTS Magistrate Judge Jelderks's Findings and Recommendation [23]. Accordingly, the Commissioner's decision is REVERSED and REMANDED for further administrative proceedings.
IT IS SO ORDERED.
DATED this 18 day of March, 2019
/s/_________
MARCO A. HERNÁNDEZ
United States District Judge