Opinion
No. 2:18-cv-00198-SMJ
05-15-2019
LORA A. M., Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION
Before the Court, without oral argument, is Magistrate Judge Dimke's April 5, 2019 Report and Recommendation, ECF No. 21, recommending that summary judgment be granted in Plaintiff's favor. The period for filing objections has passed and no party has objected. After reviewing the Report and Recommendation and relevant authorities, the Court finds that Magistrate Judge Dimke's findings are correct. Therefore, the Court adopts the Report and Recommendation in its entirety.
Accordingly, IT IS HEREBY ORDERED:
1. The Report and Recommendation, ECF No. 21, is ADOPTED in its entirety.
2. Plaintiff's Motion for Summary Judgment, ECF No. 13, is
GRANTED.
3. The Commissioner's Motion for Summary Judgment, ECF No. 17, is DENIED.
4. The Court enters JUDGMENT in favor of Plaintiff REMANDING this matter to the Commissioner for further proceedings consistent with this Order pursuant to sentence four of 42 U.S.C. § 405(g).
A. The administrative law judge shall take testimony from a vocational expert to determine whether there are other jobs available in significant numbers in the national and/or regional economy that Plaintiff is capable of performing. The parties shall not be permitted to reopen any other issue on remand.
5. All hearings and other deadlines are STRICKEN.
6. The Clerk's office is directed to CLOSE this file.
IT IS SO ORDERED. The Clerk's Office is directed to enter this Order and provide copies to all counsel.
DATED this 15th day of May 2019.
/s/_________
SALVADOR MENDOZA, JR.
United States District Judge