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finding that the ALJ properly considered a non-severe impairment, despite not explicitly addressing it in the RFC section of the decision, where the ALJ elsewhere "made specific findings and provided an explanation for her conclusion that [the non-severe impairment] resulted in only minimal functional limitations"
Summary of this case from Perry v. ColvinOpinion
CIVIL ACTION NO.: 3:14-CV-86
03-17-2015
WANDA IRENE KINS, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
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ORDER ADOPTING REPORT AND RECOMMENDATION
On this day, the above-styled matter came before this Court for consideration of the Report and Recommendation ("R&R") of United States Magistrate Judge Robert W. Trumble [ECF 25], filed on February 27, 2015, to which neither party filed objections.
This Court is required to make a de novo review of those portions of the magistrate judge's findings to which objection is made. 28 U.S.C. § 636(b)(1)(C). However, failure to file objections to the magistrate judge's proposed findings and recommendation permits the district court to review the recommendation under the standards that the district court believes are appropriate, and, under these circumstances, the parties' right to de novo review is waived. See Webb v. Califano, 468 F. Supp. 825 (E.D. Cal. 1979).
Pursuant to Judge Trumble's R&R, as well as 28 U.S.C. § 636(b)(1)(C) and Federal Rule of Civil Procedure 6(d), objections were due fourteen days plus three days after entry of the R&R, or March 16, 2015. Because no objections have been filed, this Court reviews the report and recommendation for clear error.
In this matter, Judge Trumble found that substantial evidence did not support the ALJ's residual functional capacity assessment or credibility determination and recommended granting the Plaintiff's Motion for Summary Judgment and remanding this case for further proceedings.
Upon review of the above, it is the opinion of this Court that the Report and Recommendation should be, and is, hereby ORDERED ADOPTED. For the reasons more fully stated in the Report and Recommendation, this Court ORDERS that the Plaintiff's Motion for Summary Judgment [ECF 14] is GRANTED and the Commissioner's Motion for Summary Judgment [ECF 17] is DENIED, with a remand of the case to the Commissioner for further proceedings consistent and in accord with the Report and Recommendation. Accordingly, this Court further ORDERS that this matter be DISMISSED WITH PREJUDICE and that it be STRICKEN FROM THE DOCKET OF THIS COURT. The Clerk is DIRECTED to enter judgment in favor of the Plaintiff.
It is so ORDERED.
The Clerk is directed to transmit copies of this Order to all counsel of record.
DATED: March 17, 2015
/s/_________
GINA M. GROH
UNITED STATES DISTRICT JUDGE