Opinion
1:20-cv-02312
02-17-2022
CASSANDRA MYOSHI STITH, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, Defendant.
OPINION & ORDER [RESOLVING DOC. 13]
JAMES S. GWIN, UNITED STATES DISTRICT JUDGE
Plaintiff Cassandra Myoshi Stith seeks judicial review of the Defendant Commissioner of Social Security final decision denying her applications for Disability Insurance Benefits and Supplemental Security Income. On January 31, 2021, then-Magistrate Judge David A. Ruiz recommended that the Court reverse and remand the Commissioner's decision.
Doc. 13.
Under the Federal Magistrates Act, a district court reviews de novo those portions of a Report and Recommendation to which the parties have objected. Absent objection, a district court may adopt a Report and Recommendation without review.
Thomas v. Arn, 474 U.S. 140, 149 (1985); L.R. 72.3(b).
Here, no party has objected to the Report and Recommendation, so this Court may adopt the Report and Recommendation without further review. Moreover, having conducted its own review of the petition and record, the Court agrees with Judge Ruiz's conclusions that the ALJ decision does not adequality evaluate certain medical evidence.
Objections were due by February 14, 2022. Doc. 14.
Accordingly, the Court ADOPTS Judge Ruiz's Report and Recommendation, incorporating it fully herein by reference, REVERSES the Commissioner's final decision, and REMANDS this case consistent with the Report and Recommendation.
IT IS SO ORDERED.