WARREN v. COLVIN

Filing 32

ORDER ADOPTING THE MAGISTRATE JUDGE'S 31 REPORT AND RECOMMENDATION - The court ADOPTS the Report and Recommendation, 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). SEE ORDER. Signed by Judge Richard L. Young on 9/19/2017.(JRB)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
EVANSVILLE DIVISION

RONALD G. WARREN,

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

3:16-cv-00108-RLY-MPB

ORDER ADOPTING THE MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATION
Plaintiff, Ronald G. Warren, challenges the Social Security Administration
Commissioner’s decision denying him both disability insurance benefits and
supplemental security income under the Social Security Act. (Filing No. 1). On April
25, 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. 28). On August 8, 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 reconsideration of the onset date of Plaintiff’s disability with
instruction to obtain an expert medical opinion on the issue. (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 19th day of September 2017.

Distributed Electronically to Registered Counsel of Record.

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