SUMMERS v. COLVIN

Filing 32

ORDER adopting Magistrate Judge's 31 Report and Recommendations. Decision of the ALJ is REVERSED and case is REMANDED for further proceedings. Signed by Judge Richard L. Young on 8/28/2017. (TMD)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

BARBARAMARIE SUMMERS,

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Plaintiff,
vs.
NANCY A. BERRYHILL Acting
Commissioner of the Social Security
Administration, 1
Defendant.

1:16-cv-02243-RLY-MPB

ORDER ADOPTING THE MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATION
Plaintiff, Barbaramarie Summers, filed this present action seeking judicial review
of the Social Security Administration Commissioner’s decision denying her
Supplemental Security Income under Title XVI of the Social Security Act. (Filing No.
1). On April 13, 2017, the court referred the matter to Magistrate Judge Matthew P.
Brookman pursuant to 28 U.S.C. § 636(b)(1)(B) and Fed. R. Civ. P. 72(b) for a Report
and Recommendation. (Filing No. 29). On August 2, 2017, the Magistrate Judge filed
his Report and Recommendation in which he recommended reversing the decision of the

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At the time this case was filed, Carolyn W. Colvin was the Acting Commissioner of the Social
Security Administration. Nancy A. Berryhill became the Acting Commissioner on January 20,
2017. When a public officer ceases to hold office while an action is pending, the officer’s
successor is automatically substituted as a party. Fed. R. Civ. P. 25(d). Later proceedings
should be in the substituted party’s name and the court may order substitution at any time. Id.

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ALJ and remanding for further consideration. (Filing No. 31). Neither party has
objected. Consequently, the court reviews the Report and Recommendation for clear
error. Johnson v. Zema Sys. Corp., 170 F.3d 734, 739 (7th Cir. 1999). After reviewing
the parties’ arguments, the ALJ’s decision, and the Report and Recommendation, this
court is satisfied that the Magistrate Judge did not commit clear error.
Therefore, the court ADOPTS the Report and Recommendation (Filing No. 31),
REVERSES the decision of the ALJ, and REMANDS for proceedings consistent with
the Report and Recommendation, all pursuant to sentence four of 42 U.S.C. § 405(g).

SO ORDERED this 28th day of August 2017.

Distributed Electronically to Registered Counsel of Record.

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