Bridges v. Commissioner Social Security Administration, No. 3:2011cv06046 - Document 46 (D. Or. 2013)

Court Description: OPINION AND ORDER: Upon review, I agree with Judge Acostas recommendation, and I ADOPT the F&R 44 as my own opinion. Signed on 12/6/13 by Judge Michael W. Mosman. (dls)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION REGENA M. BRIDGES, No. 3:11-cv-06046-AC Plaintiff, OPINION AND ORDER v. CAROLYN W. COLVIN, acting Commissioner of the Social Security Administration, Defendant. MOSMAN, J., Judge Acosta recommended [24] that the Commissioner s decision to deny benefits to Plaintiff Regena M. Bridges be reversed and remanded for award of benefits. I adopted [28] Judge Acosta s F&R. On October 3, 2013, Judge Acosta recommended [41] that Ms. Bridges be awarded attorney fees in the amount of $6,437.62 under the Equal Access to Justice Act ( EAJA ). I adopted [43] this F&R as well. Now, Judge Acosta recommends [44] that Ms. Bridges s counsel be awarded $12,657 from Ms. Bridges s past-due benefits under 42 U.S.C. § 406(b), subject to reduction by the amount of her EAJA award and any administrative assessment by the Commissioner. Neither party has objected. 1 OPINION AND ORDER DISCUSSION The magistrate judge makes only recommendations to the court, to which any party may file written objections. I am not bound by the recommendations of the magistrate judge; instead, I retain responsibility for making the final determination. I am required to review de novo those portions of the report or any specified findings or recommendations within it to which an objection is made. 28 U.S.C. § 636(b)(1). However, I am not required to review, de novo or under any other standard, the factual or legal conclusions of the magistrate judge as to those portions of the F&R to which no objections are addressed. See Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). While the level of scrutiny under which I am required to review the F&R depends on whether objections have been filed, in either case I am free to accept, reject, or modify any part of the F&R. 28 U.S.C. § 636(b)(1). Upon review, I agree with Judge Acosta s recommendation, and I ADOPT the F&R [44] as my own opinion. IT IS SO ORDERED. DATED this 6th day of November, 2013. /s/ Michael W. Mosman MICHAEL W. MOSMAN United States District Judge 2 OPINION AND ORDER

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