Matson v. Commissioner of Social Security

United States District Court for the District of Idaho

Matson v. Commissioner of Social Security

Trial Court Opinion

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF IDAHO

DELLA JEAN M, Case No. 2:21-cv-00196-DCN

Petitioner, ORDER

v.

KILOLO KIJAKAZI, Acting Commissioner of Social Security,

Respondent.

On March 15, 2018, Petitioner Della Jean M applied for supplemental social security income. Her application was denied. After exhausting her administrative remedies, she sought the Court’s review. Dkt 1. On December 20, 2022, United States Magistrate Judge Debora K. Grasham issued a Report and Recommendation wherein she recommended the action be remanded to the commissioner. Dkt. 23. Judge Grasham gave the parties fourteen days to file written objections to her opinion. See

28 U.S.C. § 636

(b)(1). None were filed. Having reviewed the Report and Recommendation, and no objections having been filed, the Court accepts Judge Grasham’s Report and Recommendation in its entirety. ORDER 1. The Report and Recommendation entered on December 20, 2022 (Dkt. 23), is INCORPORATED and ADOPTED in its entirety. 2. M’s Petition for Review (Dk. 1) is GRANTED as outlined in the Report and Recommendation. 3. This action is REMANDED to the Commissioner for further proceedings consistent with the Report and Recommendation. 4. The Remand is considered a “sentence four remand,” consistent with

42 U.S.C. § 405

(g) and Akopyan v. Barnhart,

296 F.3d 852, 854

(9th Cir. 2002). 5. The Court will enter a separate judgment in favor of M pursuant to Civil Rule of Procedure 58 and

42 U.S.C. § 405

(g).

an DATED: March 21, 2023 _—™ .

4) —— “eas Chict US District Court Judge

ORDER — 2

Reference

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