Breann Monserat Gonzalez v. Commissioner of Social Security

United States District Court for the Eastern District of California

Breann Monserat Gonzalez v. Commissioner of Social Security

Trial Court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 BREANN MONSERAT GONZALEZ, ) Case No.: 1:23-cv-01611-WBS-GSA ) 12 Plaintiff, ) ORDER ADOPTING THE FINDINGS AND ) RECOMMENDATIONS, REMANDING FOR 13 v. ) FURTHER PROCEEDINGS, AND DIRECTING ) ENTRY OF JUDGMENT IN FAVOR OF 14 COMMISSIONER OF SOCIAL SECURITY, ) PLAINTIFF AND AGAINST DEFENDANT ) COMMISSIONER OF SOCIAL SECURITY 15 Defendant. ) ) (Docs. 20, 22, 24) 16

17 Plaintiff initiated this action by filing a complaint for judicial review of the administrative 18 decision denying his application for Social Security benefits. (Doc. 1.). The matter was fully briefed. 19 (Doc. 20, 22, 24). The magistrate judge entered Findings and Recommendations to direct entry of 20 judgment in Plaintiff’s favor and remand for further proceedings. (Doc. 24). The Findings and 21 Recommendations advised that objections were due within 14 days thereof (L.R. 304(b)) and that 22 failure to file objections within the specified time may result in the waiver of rights on appeal. 23 Wilkerson v. Wheeler,

772 F.3d 834

, 838–39 (9th Cir. 2014) (citing Baxter v. Sullivan,

923 F.2d 1391

, 24 1394 (9th Cir. 1991)). No objections to the Findings and Recommendations we filed. 25 In accordance with the provisions of

28 U.S.C. § 636

(b)(1)(C) and Britt v. Simi Valley United 26 School Dist.,

708 F.2d 452

, 454 (9th Cir. 1983), this Court conducted a de novo review of the case. 27 Having carefully reviewed the matter, the Court finds the Findings and Recommendations are 28 supported by the record and proper analysis. 1 Based upon the foregoing, the Court ORDERS: 2 1. The Findings and Recommendations (Doc. 24) are ADOPTED. 3 2. Plaintiff's Motion for Summary Judgment (Doc. 20) is GRANTED. 4 3. The Commissioner’s request to affirm (Doc. 22) is DENIED. 5 4. This matter is remanded to the Commissioner pursuant to sentence four of

42 U.S.C. § 6

405(g) for further proceedings consistent with the Findings and Recommendations. 7 5. The Clerk of Court is DIRECTED to enter judgment in favor of Plaintiff and against 8 Defendant Commissioner of Social Security. 9 || Dated: September 22, 2025 / ' - 10 tan Vin hn 1 UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Reference

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