Gamache v. Commissioner of Social Security

Opinion

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF IDAHO

RACHEL C. G., Case No. 1:23-cv-00309-AKB-REP

Plaintiff, ORDER ADOPTING REPORT AND RECOMMENDATION v.

MARTIN J. O’MALLEY, Commissioner of Social Security Administration,

Defendant.

On January 24, 2021, Plaintiff Rachel C. G. filed an application for Disability Insurance Benefits with the Social Security Administration. Plaintiff’s application was denied. After exhausting his administrative remedies, Plaintiff sought the Court’s review. On August 27, 2024, United States Magistrate Judge Raymond E. Patricco issued a Report and Recommendation in this matter. (Dkt. 20). Pursuant to statute, Judge Patricco gave the parties fourteen (14) days to file written objections to the Report and Recommendation. 28 U.S.C. § 636(b)(1). None were filed. Having thoroughly reviewed the Report and Recommendation, and no objections having been filed, the Court accepts Judge Patricco’s Report and Recommendation in its entirety and enters the following order consistent with the same. ORDER IT IS HEREBY ORDERED: 1. The Report and Recommendation entered on August 27, 2024 (Dkt. 20), is INCORPORATED and ADOPTED in its entirety; 2. The Petition for Judicial Review is GRANTED as outlined in the Report and Recommendation; 3. This action is REMANDED to the Commissioner for further proceedings consistent with the Report and Recommendation; 4. This Remand is to be considered a “sentence-four remand,” consistent with 42 US.C. § 405(g) and Akopyan v. Barnhart, 296 F.3d 852, 854 (9th Cir. 2002); 5. The Court will enter a separate judgment in favor of Plaintiff in accordance with Federal Rule of Civil Procedure 58.

LS DATED: September 11, 2024 WO Pace Arninper □ 4s Amanda K. Brailsford SRICTE U.S. District Court Judge

ORDER ADOPTING REPORT AND RECOMMENDATION — 2