Rush v. Commissioner of Social Security Administration

Opinion

1 WO 2 3 4 5

9 Jody Lee Rush, No. CV-20-00438-TUC-RCC

10 Plaintiff, ORDER

11 v.

12 Commissioner of Social Security Administration, 13 Defendant. 14 On January 3, 2022, Magistrate Judge D. Thomas Ferraro issued a Report and 15 Recommendation (“R&R”) in which he recommended that the Court vacate the 16 Commissioner’s final decision and remand this matter for further proceedings. (Doc. 25.) 17 The R&R notified the parties that they had fourteen (14) days from the date of the R&R 18 to file any objections. The Court also extended the deadline to file objections until 19 February 16, 2022. (Doc. 27.) No objections have been filed. 20 Where neither party objects to a Magistrate Judge’s Report and Recommendation, 21 the District Court is not required to review the Magistrate Judge’s decision under any 22 specified standard of review. Thomas v. Arn, 474 U.S. 140, 150 (1985). However, the 23 statute guiding review “does not preclude further review by the district judge, sua sponte 24 or at the request of a party, under a de novo or any other standard.” Id. at 154. 25 In this matter, the Court has reviewed and considered the Complaint, Answer, 26 Opening, Response, and Reply Briefs, and the R&R. The Court finds that the R&R is 27 well-reasoned and agrees with the conclusions reached by Judge Ferraro. 28 /// Accordingly, IT IS ORDERED: 2 1. The R&R is ADOPTED. (Doc. 25.) 3 2. The Motion to Remand is GRANTED. (Doc. 23.) 4 3. The final decision by the Commissioner of Social Security is reversed and 5 remanded on an open record pursuant to sentence four of 42 U.S.C. § 405(g). 6 4. The Clerk of Court shall docket accordingly and close the case file in this matter. 7 Dated this 18th day of February, 2022. 8 9 10 / Dp ll □ f KW Cabl.— Honorable Raner ©. Collins 12 Senior United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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