(SS) Nardone v. Commissioner of Social Security ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GEORGINA NARDONE, on behalf of I.F. ) Case No.: 1:21-cv-1444 JLT SKO (a minor), ) 12 ) ORDER ADOPTING IN FULL THE FINDINGS Plaintiff, ) AND RECOMMENDATIONS 13 ) RECOMMENDING THAT PLAINTIFF’S ) MOTION FOR SUMMARY JUDGMENT BE 14 v. ) GRANTED, DEFENDANT’S CROSS-MOTION ) FOR SUMMARY JUDGMENT BE DENIED, 15 ) AND THE ACTION BE REMANDED TO THE KILOLO KIJAKAZI, ) ACTING COMMISSIONER FOR FURTHER 16 Acting Commissioner of Social Security,1 ) PROCEEDINGS Defendant. ) 17 ) (Docs. 15, 19, 21) ) 18 19 Georgina Nardone filed a complaint on behalf of her minor child I.F. under 42 U.S.C. § 20 1383(c) seeking judicial review of a final decision of the Commissioner of Social Security denying her 21 application for Supplemental Security Income under the Social Security Act. (Doc. 1.) 22 The assigned magistrate judge issued findings and recommendations recommending that 23 Plaintiff’s motion for summary judgment be granted and that Defendant’s motion for summary 24 judgment be denied. (Doc. 21.) The magistrate judge recommended that the action be remanded to the 25 Acting Commissioner for further proceedings because the ALJ’s finding that I.F. was a “preschooler” 26 on the application date was harmful error. 27 28 1 On July 9, 2021, Kilolo Kijakazi was named Acting Commissioner of the Social Security Administration. See 1 The Court granted the parties 14 days from the date of service to file objections to the 2 || recommendation of the magistrate judge. (Doc. 21 at 12.) The Court advised the parties “that failure 3 || to file objections within the specified time may waive the right to appeal the district judge’s order.” 4 || Ud., citing Wilkerson v. Wheeler, 772 F.3d 834, 834 (9th Cir. 2014)). Thus, any objections were due 5 no later than November 17, 2022. To date, no objections have been filed. 6 According to 28 U.S.C. § 636 (b)(1)(C) and Britt v. Simi Valley United School Dist., 708 F.2d 7 |) 452, 454 (th Cir. 1983), this Court conducted a de novo review of the case. Having carefully review 8 || the matter, the Court finds the findings and recommendations are supported by the record and proper 9 || analysis. Based upon the foregoing, the Court ORDERS: 10 1. The findings and recommendations filed November 3, 2022 (Doc. 21) are ADOPTED 11 IN FULL. 12 2. Plaintiff's motion for summary judgment (Doc. 15) is GRANTED. 13 3. Defendant’s cross-motion for summary judgment (Doc. 19) is DENIED. 14 4. This matter is REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) for 15 further proceedings consistent with this decision. 16 5. The Clerk of the Court is DIRECTED to enter judgment in favor of Plaintiff Georgin: 17 Nardone, on behalf of minor child IF., and against Defendant Acting Commissioner o 18 Social Security, and to CLOSE this action. 19 20 || IT IS SO ORDERED. 21 |! Dated: _ November 21, 2022 ( Li pA LU. wan 22 TED STATES DISTRICT JUDGE 23 24 25 26 27 28