Bortolamedi v. Berryhill

Opinion

Jacquelynn Bortolamedi, Case No. 2:17-cv-01473-JAD-BNW Plaintiff v. Order Adopting Report and Recommendation and Remanding Carolyn W. Colvin, Acting Commissioner of for Further Proceedings Social Security Administration, [ECF Nos.13, 18, 25] Defendant Plaintiff Jacquelynn Bortolamedi brings this action to challenge the Social Security Commissioner’s denial of herrequest for disability-insurance benefits under Titles IIand XVIof the Social Security Act. The magistrate judge has evaluated the briefing in this case and recommends1 that I grant in part and deny in part Bortolamedi’s motion for judgment on the pleadings2; remand this case for further proceedings regarding Drs. Hodde, Austin, and Madow’s opinions andthe vocational expert’s testimony; and deny the Commissioner’s cross-motion to affirm.3 The deadline for objections to that recommendation passed without objectionor any request to extend the deadline to file one. “[N]o review is required of a magistrate judge’s report and recommendation unless objections are filed.”4 IT IS THEREFORE ORDERED that the magistrate judge’s report and recommendation [ECF No. 25] is ADOPTEDin full; 1 ECF No. 25. 2 ECF No. 13. 3 ECF No. 18. 4 Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003); see also Thomas v. Arn, 474 U.S. 140, 150 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). IT IS FURTHER ORDERED that the motion for judgment on the pleadings [ECF No. 13] is GRANTED in part and DENIED in PART, consistent with the report and recommendation [ECF No. 25], and the Commissioner’ cross-motion to affirm [ECF No. 18] is DENIED. This case is REMANDED for further proceedings regarding Drs. Hodde, Austin, Madow’s opinions and the vocational expert’s testimony. The Clerk of Court is directed to ENTER JUDGMENT accordingly and CLOSE THIS CASE. Dated: September 17, 2019 : (Bom U.S. District Judge/Jennifer A. Dorsey