(SS) Macias v. Commissioner of Social Security

8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA LORENA MACIAS, ) Case No.: 1:22-cv-1283 JLT SKO ) 12 Plaintiff, ) ORDER ADOPTING THE FINDINGS AND ) RECOMMENDATIONS, GRANTING 13 v. ) PLAINTIFF’S MOTION FOR JUDGMENT, ) DENYING DEFENDANT’S REQUEST TO MARTIN O’MALLEY1, ) AFFIRM, AND REMANDING FOR FURTHER Commissioner of Social Security, ) ADMINISTRATIVE PROCEEDINGS 15 ) Defendant. ) (Docs. 14, 17, and 21) 16 ) ) 18 Lorena Macias seeks judicial review of a final decision of the Commissioner of Social Security denying her application for benefits. (Docs. 1, 14.) The magistrate judge found “the ALJ erred by failing to provide specific, clear and convincing reasons to discount Plaintiff’s subjective complaints, and that error was not harmless.” (Doc. 21 at 8; see also id. at 13-18.) Therefore, the magistrate judge recommended Plaintiff’s motion for judgment be granted and the matter be remanded for further administrative proceedings. (Id. at 21.) In addition, the magistrate judge recommended judgment be entered in favor of Plaintiff and against the Commissioner. (Id. at 21-22.)

25 The Court served the Findings and Recommendations on all parties and notified them that any objections were due within 14 days. (Doc. 21 at 22.) The Court also informed the parties that “the 1 Martin O’Malley became the Commissioner of Social Security on December 20, 2023. Pursuant to Rule 25(d) of the || failure to file objections within the specified time may result in the waiver of rights on appeal.” (d., || quoting Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014).) No objections were filed and the || time to do so expired.

4 Pursuant to 28 U.S.C. § 636 (b)(1)(c), this Court performed a de novo review of the case.

5 || Having carefully reviewed the entire matter, the Court concludes the Findings and Recommendations || are supported by the record and proper analysis. Accordingly, the Court ORDERS: 7 1. The Findings and Recommendations issued on January 4, 2024 (Doc. 21) are 8 ADOPTED.

9 2. Plaintiff's Motion for Judgment (Doc. 14) is GRANTED.

10 3. Defendant’s request to affirm the administrative decision (Doc. 17) is DENIED.

11 4. The matter is REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) for furthe 12 administrative proceedings.

13 5. The Clerk of Court is directed to enter judgment in favor of Plaintiff Lorena Macias 14 and against Defendant Martin O’ Malley, Commissioner of Social Security, and to 15 close this case.

17 ||IT IS SO ORDERED.

Dated: _ January 23, 2024 ( LAW ph L. wary 19 TED STATES DISTRICT JUDGE