(SS) Vega v. Commissioner of Social Security

Opinion

1 2 3 4 5 6 7 10 11 DESIRA VEGA, Case No. 1:22-cv-0661 JLT GSA 12 Plaintiff, ORDER ADOPTING THE FINDINGS AND RECOMMENDATIONS, GRANTING 13 PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT, DENYING DEFENDANT’S 14 v. REQUEST TO AFFIRM, AND REMANDING FOR FURTHER PROCEEDINGS PURSUANT 15 MARTIN O’MALLEY, TO SENTENCE FOUR OF 42 U.S.C. § 405(g) Commissioner of Social Security,1 16 ORDER DIRECTING ENTRY OF JUDGMENT Defendant. IN FAVOR OF PLAINTIFF DESIRA VEGA 17 AND AGAINST DEFENDANT MARTIN O’MALLEY, COMMISSIONER OF SOCIAL 19 (Docs. 15, 16, 18) 20 21 Desira Vega initiated this action seeking judicial review of a final decision of the 22 Commissioner of Social Security denying her application for supplemental security income under 23 Title XVI of the Social Security Act. (Doc. 1.) The assigned magistrate judge determined 24 Plaintiff did not show error by the ALJ in determining her mental residual functional capacity. 25 (Doc. 18 at 11-13.) However, the magistrate judge found the ALJ erred in evaluating the medical 26

27 1 Martin O’Malley became the Commissioner of Social Security on December 20, 2023. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, the Court substitutes Martin O’Malley as the defendant in 28 this suit. 1 | record related to Plaintiff's physical impairments and failed to properly “incorporate □□□□□□□□□□□ 2 | limitation to occasional reaching in all direction with the right upper extremity” in the residual 3 | functional capacity. Ud. at 13, emphasis omitted.) Therefore, the magistrate judge recommended 4 | Plaintiff's motion for summary judgment be granted, the matter be remanded for further 5 | administrative proceedings, and that judgment be entered in favor of Plaintiff. (Ud. at 14.) 6 The Court served the Findings and Recommendations and notified the parties that any 7 | objections were due within 14 days. (Doc. 18 at 14.) The Court advised the parties that the 8 | “failure to file objections within the specified time may result in the waiver of rights on appeal.” 9 | Ud., citing Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014).) Neither party filed 10 | objections, and the time to do so has passed. 11 According to 28 U.S.C. § 636 (b)(1)(c), this Court performed a de novo review of the 12 | case. Having carefully reviewed the matter, the Court concludes the Findings and 13 || Recommendations are supported by the record and proper analysis. Thus, the Court ORDERS: 14 1. The Findings and Recommendations issued on February 28, 2024 (Doc. 18) are 15 ADOPTED in full. 16 2. Plaintiff's motion for summary judgment (Doc. 15) is GRANTED. 17 3. Defendant’s request to affirm the decision (Doc. 16) is DENIED. 18 4. The matter is REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) for 19 further proceedings. 20 5. The Clerk of Court is directed to enter judgment in favor of Plaintiff Desira Vega, 21 and against Defendant Martin O’ Malley, Commissioner of Social Security, and to 22 close this case. 23 IT IS SO ORDERED. Dated: _ March 26, 2024 Charis [Tourn TED STATES DISTRICT JUDGE 26 27 28