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Robin A. Hassett v. Michael J. Astrue

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


November 9, 2011

ROBIN A. HASSETT,
PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

The opinion of the court was delivered by: Honorable Larry Alan Burns United States District Judge

ORDER ADOPTING REPORT AND RECOMMENDATION

Magistrate Judge Major issued a Report and Recommendation in this case recommending that Plaintiff's motion for summary judgment be granted and Defendant's motion for summary judgment be denied. The Defendant filed no objection to the R&R, which the Court construes as consent to its adoption. See Thomas v. Arn, 474 U.S. 140--50 (1985) ("It does not appear that Congress intended to require district court review of a magistrate's factual or legal conclusions, under a de novo or any other standard, when neither party objects to those findings."). The Court has reviewed the R&R and finds that it thoroughly and correctly considered the issues presented. It adopts the conclusion that "the case be REMANDED for consideration of whether Plaintiff's impairments prevent her from making an adjustment to any other work." (R&R at 9.) Plaintiff's motion for summary judgment is therefore GRANTED, and Defendant's motion for summary judgment is DENIED.

IT IS SO ORDERED.

20111109

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