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


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  • 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 BETSY AMY BLANCO, ) Case No.: 1:21-cv-0028 JLT GSA ) 12 Plaintiff, ) ORDER ADOPTING FINDINGS AND ) RECOMMENDATIONS, GRANTING 13 v. ) PLAINTIFF’S APPEAL, AND REMANDING ) THE ACTION FOR FURTHER PROCEEDINGS 14 ) (Docs. 24, 26) ) 15 KILOLO KIJAKAZI, ) ORDER DIRECTING ENTRY OF JUDGMENT Acting Commissioner of Social Security, ) IN FAVOR OF PLAINTIFF BETSY AMY 16 ) BLANCO AND AGAINST DEFENDANT Defendant. ) KILOLO KIJAKAZI, ACTING COMMISSIONER 17 ) OF SOCIAL SECURITY 18 Betsy Amy Blanco requested judicial review of the administrative decision denying her 19 application for supplemental security income under Title XVI of the Social Security Act. (See Doc. 24.) 20 The magistrate judge found the decision of the administrative law judge erred in addressing the medical 21 record, and the decision was not supported by substantial evidence. (Doc. 26.) The magistrate judge 22 determined that “[r]emand is appropriate for the ALJ to accurately discuss the developments beginning 23 with the March 5, 2020 cervical MRI through the date of the ALJ’s decision and reach a well-reasoned 24 conclusion about the impact on Plaintiff’s functional status in the months leading up to [her] surgery 25 and thereafter.” (Id. at 17.) Therefore, the magistrate judge recommended the Court decline to uphold 26 the decision of the ALJ and enter judgment in favor of Plaintiff. (Id.) 27 The Court served the Findings and Recommendations on all parties, and it notified them that 28 any objections were due within 14 days of the date of service. (Doc. 26 at 17.) The Court also advised 1 || them that the “failure to file objections within the specified time may result in the waiver of rights on 2 || appeal.” Cd. at 18, citing Wilkerson v. Wheeler, 772 F.3d 834,838-39 (9th Cir. 2014), Baxter v. 3 || Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991).) To date, no objections have been filed and the time d 4 so has expired. 5 According to 28 U.S.C. § 636(b)(1)(C), the Court conducted a de novo review of this case. 6 || Having carefully reviewed the matter, the Court concludes the Findings and Recommendations are 7 || supported by the record and by proper analysis. Accordingly, the Court ORDERS: 8 1. The Findings and Recommendations dated June 2, 2023 (Doc. 26) are ADOPTED. 9 2. Plaintiff's appeal of the administrative decision (Doc. 24) is GRANTED. 10 3. The matter is REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) for furthe 11 proceedings. 12 4. The Clerk of Court is directed to enter judgment in favor of Plaintiff Betsy Amy Blanc 13 and against Defendant Kilolo Kijakazi, Acting Commissioner of Social Security. 14 15 IS SO ORDERED. 16 || Dated: _ July 17, 2023 ( LAW pA L. wan 17 TED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28

Document Info

Docket Number: 1:21-cv-00028

Filed Date: 7/18/2023

Precedential Status: Precedential

Modified Date: 6/20/2024