Sommer v. Commissioner of Social Security

Filing 22

ORDER: The Court hereby ADOPTS in its entirety Judge Collins's Report and Recommendation 21 and incorporates the Report and Recommendation into this Order. Accordingly, the Court GRANTS the relief requested in Plaintiff's Opening Brief [ 14], REVERSES the final decision of the Commissioner of Social Security, and REMANDS this matter for further proceedings consistent with this Order and the incorporated Report and Recommendation. Signed by Judge Joseph S Van Bokkelen on 11/19/2020. (bas)

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USDC IN/ND case 1:19-cv-00492-JVB-SLC document 22 filed 11/19/20 page 1 of 2 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA FORT WAYNE DIVISION NATHANIEL S. Plaintiff, v. ANDREW SAUL, Commissioner of the Social Security Administration, Defendant. ) ) ) ) ) ) ) ) CAUSE NO.: 1:19-CV-492-JVB-JEM ORDER This matter is before the Court on a Complaint [DE 1] filed on November 21, 2019, and on Plaintiff’s Opening Brief [DE 14] filed on May 7, 2020. Both documents were filed by Plaintiff Nathaniel S. The Court referred this case to Magistrate Judge Susan L. Collins for a report and recommendation under 28 U.S.C. § 636(b)(1)(B), Federal Rule of Civil Procedure 72(b), and Local Rule 72-1. [DE 11]. Judge Collins issued her Report and Recommendation on October 30, 2020. [DE 21]. The parties were given notice that they had fourteen days in which to file objections to the report and recommendation. No party has filed objections. Judge Collins recommends that the Court reverse the Commissioner’s decision to deny Plaintiff supplemental security income and remand this case to the Commissioner for further proceedings because the ALJ failed to consider Plaintiff’s mental health treatment records from the Indiana Department of Corrections. Having reviewed the report and recommendation, the Court finds no clear error. Therefore, noting the lack of objection, the Court hereby ADOPTS in its entirety Judge Collins’s Report and Recommendation [DE 21] and incorporates the Report and Recommendation into this Order. Accordingly, the Court GRANTS the relief requested in Plaintiff’s Opening Brief [DE 14], REVERSES the final decision of the Commissioner of Social Security, and REMANDS this USDC IN/ND case 1:19-cv-00492-JVB-SLC document 22 filed 11/19/20 page 2 of 2 matter for further proceedings consistent with this Order and the incorporated Report and Recommendation. SO ORDERED on November 19, 2020. s/ Joseph S. Van Bokkelen JOSEPH S. VAN BOKKELEN, JUDGE UNITED STATES DISTRICT COURT 2

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