District Court, D. New Mexico, 2021

Landa v. Social Security Administration

Landa v. Social Security Administration
District Court, D. New Mexico · Decided October 28, 2021
Landa v. Social Security Administration

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO GENIA SARAH LANDA, Plaintiff, v. No. 1:20-cv-00836-KWR-SCY KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant.

ORDER ADOPTING PROPOSED FINDINGS AND RECOMMENDATION THIS MATTER is before the Court on United States Magistrate Judge Steven C.

Yarbrough’s October 13, 2021 Proposed Findings And Recommended Disposition (“PFRD”).

Doc. 28. Judge Yarbrough recommended denying Plaintiff’s Motion To Reverse And Remand For A Rehearing With Supporting Memorandum, Doc. 21, and affirming the decision below.

Judge Yarbrough found that the ALJ did not err in evaluating of the opinions of the medical providers in the record. Judge Yarbrough notified the parties that they had 14 days from service of the PFRD to file any objections to the PFRD. Id. at 21. The parties have not filed any objections to the PFRD, thereby waiving their right to review of the proposed disposition. See United States v. One Parcel of Real Prop., 73 F.3d 1057, 1060 (10th Cir. 1996). Furthermore, upon review of the PFRD, the Court CONCURS with Judge Yarbrough’s findings and recommendation.

IT IS THEREFORE ORDERED THAT: 1. The Court ADOPTS Judge Yarbrough’s Proposed Findings and Recommended Disposition, Doc. 28; and 2. Plaintiff's Motion to Reverse And Remand for a Rehearing with Supporting Memorandum, Doc. 21, is DENIED.

IT IS SO ORDERED.

KEA W. BIGGS UNITED STATES DISTRICT JUDGE

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