Ward v. Social Security ( 2024 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 KENNETH DIONE WARD, Case No.: 2:22-cv-02001-APG-DJA 4 Plaintiff Order Accepting Report and Recommendation and Remanding to the 5 v. Administrative Law Judge 6 COMMISSIONER OF SOCIAL SECURITY, [ECF Nos. 20, 22, 24] 7 Defendant 8 On February 8, 2024, Magistrate Judge Albregts recommended that I grant in part 9 plaintiff Kenneth Ward’s motion for remand (ECF No. 20) on the ground that the Administrative 10 Law Judge (ALJ) did not adequately address supportability and consistency when evaluating 11 Drs. Ramsey, Ribeiro, and Kaur’s opinions. Judge Albregts also recommended that I grant in 12 part the Commissioner of Social Security’s countermotion (ECF No. 22) and affirm regarding 13 the Commissioner’s argument that the ALJ provided clear and convincing reasons for rejecting 14 Ward’s symptom testimony. Finally, Judge Albregts recommended that I remand for the ALJ to 15 consider the supportability and consistency factors in analyzing Drs. Ramsey, Ribeiro, and 16 Kaur’s opinions. Neither side objected. Thus, I am not obligated to conduct a de novo review of 17 the report and recommendation. 28 U.S.C. § 636(b)(1) (requiring district courts to “make a de 18 novo determination of those portions of the report or specified proposed findings to which 19 objection is made”); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en 20 banc) (“the district judge must review the magistrate judge’s findings and recommendations de 21 novo if objection is made, but not otherwise” (emphasis in original)). 22 I THEREFORE ORDER that Magistrate Judge Albregts’ report and recommendation 23 (ECF No. 24) is accepted. 1 I FURTHER ORDER that plaintiff Kenneth Ward’s motion to remand (ECF No. 20) is 2!|GRANTED in part and DENIED in part. 3 I FURTHER ORDER that defendant Commissioner of Social Security’s motion to affirm (ECF No. 22) is GRANTED in part and DENIED in part. 5 I FURTHER ORDER that this matter is remanded to the Administrative Law Judge to consider the supportability and consistency factors in analyzing Drs. Ramsey, Ribeiro, and 7||Kaur’s opinions. The clerk of court is instructed to close this case. 8 DATED this 23rd day of February, 2024. 9 JIRA. ANDREWP.GORDON SS UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23