Morgan-Self v. Astrue

Malcolm F. Marsh

On May 9, 2012, Magistrate Judge Sullivan issued a Findings and Recommendation (#22) recommending Defendant Commissioner's final decision denying Plaintiff's application for Supplemental Security Income Benefits under Title XVI of the Social Security Act, 42 U.S.C. §1381-83f, should be reversed and remanded to the Commissioner for the immediate calculation and award of benefits.

Any objections to the magistrate judge's Findings and Recommendation were required to be filed by May 29, 2012.

Because no objections to the magistrate judge's Findings and Recommendation were timely filed, this Court is relieved of its obligation to review the record de novo. United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc). See also United States v. Bernhardt, 840 F.2d 1441, 1444 (9th Cir. 1988). Having reviewed the legal principles de novo, the Court does not find any error. The court, therefore, ADOPTS the magistrate judge's Findings and Recommendation.

Accordingly, the court REVERSES the Commissioner's final decision denying plaintiff's application for Supplemental Security Income Benefits and REMANDS this matter to the Commissioner for the immediate payment of such benefits.

IT IS SO ORDERED.

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Malcolm F. Marsh

United States District Judge