UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
January 25, 2011
MICHAEL J. ASTRUE, COMMISSIONER OF THE
SOCIAL SECURITY ADMINISTRATION,
The opinion of the court was delivered by: Hon. Jeffrey T. Miller United States District Judge
ORDER ADOPTING REPORT AND
RECOMMENDATION RE: GRANTING
CROSS MOTIONS FOR SUMMARY
JUDGMENT; REMANDING ACTION
Having carefully considered Magistrate Judge Bencivengo's thorough and thoughtful Report and Recommendation ("R & R") regarding the granting in part and denying in part the cross motions for summary judgment and remanding the case to the Commission for further proceedings, the record before the court, the absence of any objections to the R & R, and applicable authorities, the court adopts the R & R in its entirety.
In sum, the court adopts the R & R and remands the case for further proceedings, but solely as to the issue of whether Plaintiff is income/resource eligible. The Clerk of Court is instructed to close the IT IS SO ORDERED.
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