Frey v. Commissioner of Social Security Administration ( 2023 )

1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Kevin Frey, No. CV-21-00301-TUC-SHR 10 Plaintiff, Order Accepting Report & Recommendation 11 v. 12 Commissioner of Social Security Administration, 13 Defendant. 14 15 On February 21, 2023, Magistrate Judge Eric J. Markovich issued a Report and 16 Recommendation (“R&R”) in which he recommended the Court grant Plaintiff Kevin 17 Frey’s Opening Brief, and reverse and remand the Commissioner’s decision for further 18 consideration. (Doc. 25.) The R&R notified the parties they had fourteen (14) days from 19 the date of the R&R to file any objections. No objections have been filed. 20 If neither party objects to a magistrate judge’s report and recommendation, the 21 District Court is not required to review the magistrate judge’s decision under any specified 22 standard of review. Thomas v. Arn, 474 U.S. 140, 150 (1985). However, the statute for 23 review of a magistrate judge’s recommendation “does not preclude further review by the 24 district judge, sua sponte or at the request of a party, under a de novo or any other standard.” 25 Thomas, 474 U.S. at 154. 26 The Court finds the R&R well-reasoned and agrees with Judge Markovich’s 27 conclusion that the Commissioner’s decision should be reversed and remanded for further 28 consideration on an open record. The Court also agrees with Judge Markovich’s reasoning 1 || in declining to address the issues of the ALJ’s treatment of lay witness testimony and the medical opinion evidence. See Fed. R. Civ. P. 72(b). 3 Accordingly, 4 IT IS ORDERED the Report and Recommendation (Doc. 25) is ACCEPTED. 5 IT IS FURTHER ORDERED Plaintiff's Opening Brief (Doc. 19) is GRANTED 6|| and the Commissioner’s decision is REVERSED and REMANDED for further 7|| consideration consistent with this Order and Judge Markovich’s Report & 8 || Recommendation. 9 IT IS FURTHER ORDERED the Clerk of Court shall docket accordingly and 10 || close this action. 11 Dated this 9th day of March, 2023. 12 13 “tt had 15 Aut Scott H. Rash _/ United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 _2-