(SS) Bissmeyer v. Commissioner of Social Security ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DEBBIE G. BISSMEYER, Case No. 1:21-cv-0209 JLT BAM 12 Plaintiff, ORDER ADOPTING THE FINDINGS AND RECOMMENDATIONS, DENYING 13 v. PLAINTIFF’S APPEAL, AND AFFIRMING THE ADMINISTRATIVE DECISION 14 KILOLO KIJAKAZI, Acting Commissioner of Social Security,1 (Docs. 12, 17, 20) 15 Defendant. 16 17 Debbie Bissmeyer seeks judicial review of the administrative decision denying her 18 application for Social Security benefits. (Doc. 12.) The Commissioner asserted the decision of 19 the ALJ should be affirmed. (Doc. 17.) 20 On January 30, 2023, the magistrate judge found the ALJ’s decision was supported by 21 substantial evidence in the record and was based upon the proper legal standards. (Doc. 20.) 22 Therefore, the magistrate judge recommended the administrative decision be affirmed and 23 Plaintiff’s appeal be denied. (Id. at 19.) These Findings and Recommendations were served on 24 the parties on January 30, 2023, and informed the parties that any objections were to be filed 25 within fourteen days of service. (Id.) The parties were also advised “failure to file objections 26 within the specified time may result in the waiver of the ‘right to challenge the magistrate’s 27 1 Kilolo Kijakazi became the Acting Commissioner of Social Security on July 9, 2021. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Kilolo Kijakazi is substituted for Andrew Saul as the defendant in this 28 suit. 1 | factual findings’ on appeal.” (/d. at 18-19, quoting Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th 2 | Cir. 2014).) No objections were filed by either party, and the deadline to do so has expired. 3 According to 28 U.S.C. § 636 (b)(1)(c), this Court performed a de novo review of the 4 | case. Having carefully reviewed the entire matter, the Court concludes the Findings and 5 | Recommendations are supported by the record and proper analysis. Thus, the Court ORDERS: 6 1. The Findings and Recommendations issued on January 30, 2023 (Doc. 20) are 7 ADOPTED in full. 8 2. Plaintiffs appeal from the administrative decision of the Commissioner of Social 9 Security (Doc. 12) is DENIED. 10 3. The Commissioner’s request to affirm the administrative decision (Doc. 17) is 11 GRANTED. 12 4. The Clerk of the Court is directed to enter judgment in favor of Defendant Kilolo 13 Kiyakazi, Acting Commissioner of Social Security, and against Plaintiff Debbie G. 14 Bissmeyer, and to close this case. 15 16 IT IS SO ORDERED. 17 | Dated: _February 17, 2023 Charis [Tourn TED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28