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Penkul v. Colvin

United States District Court, District of Maine

December 29, 2014

LINDA PENKUL o/b/o ROSALINA PENKUL, Plaintiff
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant

ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE

George Z. Singal, U.S. District Judge

The United States Magistrate Judge filed with the Court on November 30, 2014, his Recommended Decision (ECF No. 28). Plaintiff filed her Objection to the Recommended Decision (ECF No. 30) on December 5, 2014. Defendant filed its Response to Plaintiff’s Objection to the Recommended Decision (ECF No. 33) on December 22, 2014.

I have reviewed and considered the Magistrate Judge's Recommended Decision, together with the entire record; I have made a de novo determination of all matters adjudicated by the Magistrate Judge's Recommended Decision; and I concur with the recommendations of the United States Magistrate Judge for the reasons set forth in his Recommended Decision, and determine that no further proceeding is necessary.

1. It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby AFFIRMED.

2. It is hereby ORDERED that Defendant’s Motion to Dismiss (ECF No. 16) be DENIED as to any claim arising from the payment of all or any portion of a federal tax refund otherwise due to Rosalina Penkul to the Social Security Administration, and otherwise GRANTED.

3. It is hereby ORDERED that Plaintiff Linda Penkul demonstrate that she has authority to represent Rosalina Penkul should she make future filings with this Court.


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