Smith v. Commissioner of Social Security
This text of Smith v. Commissioner of Social Security (Smith v. Commissioner of Social Security) is published on Counsel Stack Legal Research, covering District Court, D. Idaho primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
TIFFANY SHALENE SMITH, Case No. 2:19-cv-00347-BLW-CWD
Petitioner, ORDER
v.
ANDREW SAUL, Commissioner of Social Security Administration,
Respondent.
On May 10, 2017, Petitioner filed an application for a period of disability and disability insurance benefits, and an application for supplemental security income with the Social Security Administration. After Petitioner’s application was denied upon initial review and on reconsideration, Petitioner’s timely request for review by the Appeals Council was denied. Petitioner sought the Court’s review. On February 2, 2021, United States Magistrate Judge Candy W. Dale issued a Report and Recommendation in this matter. (Dkt. 19). Pursuant to the statute, Judge Dale 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 Dales’ 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 February 2, 2021 (Dkt. 19) is INCORPORATED and ADOPTED in its entirety. 2. The Petition for Review (Dkt. 1) is GRANTED IN PART 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 U.S.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 Petitioner in accordance with Federal Rule of Civil Procedure 58 and 42 U.S.C. § 405(g).
Za DATED: March 1, 2021
7 ot] B. Lynn Winmill US. District Court Judge
ORDER - 2
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