From Casetext: Smarter Legal Research

Schreier v. Astrue

United States District Court, D. Nevada
Dec 9, 2009
3:08-cv-00223-LRH (VPC) (D. Nev. Dec. 9, 2009)

Summary

finding that plaintiff had rebutted the presumption of continuing nondisability by submitting additional medical records establishing the existence of a new severe impairment

Summary of this case from Asmar v. Colvin

Opinion

3:08-cv-00223-LRH (VPC).

December 9, 2009


ORDER


The Court has considered the Report and Recommendation of United States Magistrate Judge Valerie P. Cooke (#13) entered on August 10, 2009, in which the Magistrate Judge recommends that the Plaintiff's Motion for Reversal (#11) be denied and Defendant's Cross-Motion for Summary Judgment (#12) be granted. No objections have been filed. The Court has considered the pleadings and memoranda of the parties and other relevant matters of record and has made a review and determination in accordance with the requirements of 28 U.S.C. § 636 and applicable case law, and good cause appearing, the court hereby

ADOPTS AND ACCEPTS the Report and Recommendation of the United States Magistrate Judge (#13); therefore, Plaintiff's Motion for Reversal (#11) is DENIED and Defendant's Cross-Motion for Summary Judgment (#12) is GRANTED.

IT IS SO ORDERED.


Summaries of

Schreier v. Astrue

United States District Court, D. Nevada
Dec 9, 2009
3:08-cv-00223-LRH (VPC) (D. Nev. Dec. 9, 2009)

finding that plaintiff had rebutted the presumption of continuing nondisability by submitting additional medical records establishing the existence of a new severe impairment

Summary of this case from Asmar v. Colvin
Case details for

Schreier v. Astrue

Case Details

Full title:KIM SCHREIER, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner, Social…

Court:United States District Court, D. Nevada

Date published: Dec 9, 2009

Citations

3:08-cv-00223-LRH (VPC) (D. Nev. Dec. 9, 2009)

Citing Cases

Rummell v. Colvin

Therefore, it is technically erroneous for the ALJ to apply res judicata wholesale to the previous exertional…

Ogden v. Comm'r of Soc. Sec. Admin.

(Doc. 20-4, pp. 15-16) Under the principle of res judicata, ALJ Baum was entitled to rely on the findings of…