STAMER v. SAUL

Filing 22

ORDER ADOPTING REPORT AND RECOMMENDATION - After reviewing the record, the court finds that the Magistrate Judge did not commit clear error and therefore ADOPTS the Magistrate Judge's Report and Recommendation 21 . Accordingly, the Commissioner 's Motion to Remand 19 for another hearing is DENIED, the Commissioner's decision denying Plaintiff's claim is REVERSED, and this case is REMANDED to the Commissioner with instructions to calculate and award benefits to Plaintiff. SEE ORDER. Signed by Judge Richard L. Young on 1/11/2022.(JRB)

Case 1:21-cv-00161-RLY-MJD Document 22 Filed 01/11/22 Page 1 of 2 PageID #: 1575

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
MICHAEL S.,

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)
Plaintiff,
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)
v.
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)
KILOLO KIJAKAZI, Acting Commissioner of )
Social Security Administration,
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)
Defendant.
)

No. 1:21-cv-00161-RLY-MJD

ORDER ADOPTING REPORT AND RECOMMENDATION
On December 16, 2021, the Magistrate Judge issued a Report and
Recommendation, recommending the Commissioner's motion to remand for another
hearing be denied, that the Commissioner's decision denying Plaintiff's claim for benefits
be reversed, and that this case be remanded to the Commissioner with instructions to
calculate an award of benefits to Plaintiff. Neither party objects. 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 record, the court finds that the Magistrate Judge did not
commit clear error and therefore ADOPTS the Magistrate Judge’s Report and
Recommendation (Filing No. 21). Accordingly, the Commissioner's Motion to Remand
(Filing No. 19) for another hearing is DENIED, the Commissioner's decision denying

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Case 1:21-cv-00161-RLY-MJD Document 22 Filed 01/11/22 Page 2 of 2 PageID #: 1576

Plaintiff's claim is REVERSED, and this case is REMANDED to the Commissioner
with instructions to calculate and award benefits to Plaintiff.

SO ORDERED this 11th day of January 2022.

Distributed Electronically to Registered Counsel of Record.

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