Rush v. Commissioner of Social Security Administration

1 WO 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA

9 Jody Lee Rush, No. CV-20-00438-TUC-RCC 10 Plaintiff, ORDER v. Commissioner of Social Security Administration, Defendant.

On January 3, 2022, Magistrate Judge D. Thomas Ferraro issued a Report and Recommendation (“R&R”) in which he recommended that the Court vacate the Commissioner’s final decision and remand this matter for further proceedings. (Doc. 25.)

The R&R notified the parties that they had fourteen (14) days from the date of the R&R to file any objections. The Court also extended the deadline to file objections until February 16, 2022. (Doc. 27.) No objections have been filed.

Where neither party objects to a Magistrate Judge’s Report and Recommendation, the District Court is not required to review the Magistrate Judge’s decision under any specified standard of review. Thomas v. Arn, 474 U.S. 140, 150 (1985). However, the statute guiding review “does not preclude further review by the district judge, sua sponte or at the request of a party, under a de novo or any other standard.” Id. at 154.

In this matter, the Court has reviewed and considered the Complaint, Answer, Opening, Response, and Reply Briefs, and the R&R. The Court finds that the R&R is well-reasoned and agrees with the conclusions reached by Judge Ferraro. /// Accordingly, IT IS ORDERED: 2 1. The R&R is ADOPTED. (Doc. 25.)

3 2. The Motion to Remand is GRANTED. (Doc. 23.)

4 3. The final decision by the Commissioner of Social Security is reversed and 5 remanded on an open record pursuant to sentence four of 42 U.S.C. § 405(g).

6 4. The Clerk of Court shall docket accordingly and close the case file in this matter.

7 Dated this 18th day of February, 2022.

10 / Dp ll □ f KW Cabl.— Honorable Raner ©. Collins 12 Senior United States District Judge -2-