Brown v. Commissioner of Social Security Administration

Opinion

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9 Cheryl Brown, No. CV-23-08053-PCT-JJT

10 Plaintiff, ORDER

11 v.

12 Commissioner of Social Security Administration, 13 Defendant. 14 15 16 Before the Court is the Report and Recommendation (Doc. 21, “R&R”) issued by 17 United States Magistrate Judge Camille D. Bibles concluding that the Court should reverse 18 the decision of the Commissioner of Social Security and remand this matter to the 19 Commissioner for further proceedings. In her R&R, Judge Bibles provided the parties 20 notice that they had fourteen days from service of the R&R—which was March 15, 2024— 21 to file any specific written objections to it, and failure to timely object “may result in the 22 acceptance of the R&R by the District Court without further review.” (R&R at 20.) Over 23 30 days have passed since the entry of the R&R and no party has filed any objections 24 thereto, timely or otherwise. The Court therefore may accept the R&R without further 25 review, pursuant to United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). 26 The Court nonetheless reviews the R&R on its merits, and upon doing so, will adopt it in 27 whole, including all of Judge Bibles’s reasoning, and reverse and remand for further 28 proceedings. 1 As did Judge Bibles, the Court finds that the ALJ’s decision does not sufficiently articulate the supportability and consistency factors in explaining the ALJ’s reasons for 3 || rejecting as unpersuasive Dr. Karandish’s opinions. (R&R at 8-11.) The Court also agrees that the ALJ’s explanation of how the medical evidence before that tribunal was 5 || inconsistent with Decedent Corey Brown’s (“Mr. Brown’’) statements was not sufficient, 6|| and that the ALJ did not provide specific, clear and convincing reasons, supported by 7 || substantial evidence, for discounting Mr. Brown’s statements as to his impairments. 8 IT IS ORDERED adopting the R&R (Doc. 21) and reversing the decision of the || Commissioner of Social Security. The Court remands to the Commissioner for further 10 || proceedings consistent with this Order, as explained in further detail in the adopted R&R 11 || submitted by Judge Bibles. (Doc. 21.) 12 IT IS FURTHER ORDERED directing the Clerk of the Court to enter judgment || accordingly and close this matter. 14 Dated this 18th day of April, 2024. CN

16 folee— Unifga StatesDistrict Judge 17 18 19 20 21 22 23 24 25 26 27 28

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