Reff v. Barnhart

Filing 25

Order adopting Report and Recommendation 23 ; granting Plaintiff's Motion for Summary Judgment 11 ; and Denying Defendant's Motion for Summary Judgment 18 . Order directs that Plaintiff's case be remanded to the Social Security Administration for determination as to whether plaintiff is entitled to supplemental Social Security (Written Opinion). Signed by Senior Judge Paul A. Magnuson on 09/12/2008. (LM)

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Ramon Reff, Plaintiff, v. Michael J. Astrue, Commissioner of Social Security, Defendant. This matter is before the Court on the Report and Recommendation ("R&R") of Magistrate Judge Janie S. Mayeron. Defendant filed a "Response" to the R&R, contending that, although the "defense in this case appears clearly reasonable and well founded in law and fact," Defendant would not object to the R&R's analysis and recommendation that Plaintiff's Motion for Summary Judgment be granted, Defendant's Motion for Summary Judgment be denied, and that this matter be remanded to the Social Security Administration for a determination as to whether plaintiff is entitled to Supplemental Social Security Income based on his alleged disability for the calculation and award of benefits. Accordingly, IT IS HEREBY ORDERED that: 1. The Report and Recommendation of Magistrate Judge Janie S. Mayeron (Docket No. 23) is ADOPTED; 2. 3. Plaintiff's Motion for Summary Judgment (Docket No. 11) is GRANTED; Defendant's Motion for Summary Judgment (Docket No. 18) is DENIED; and ORDER Civil No. 07-2515 (PAM/JSM)

4.

Plaintiff's case be REMANDED to the Social Security Administration for a determination as to whether plaintiff is entitled to Supplemental Social Security Income based on his alleged disability.

LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: Friday, September 12, 2008

s/ Paul A. Magnuson
Paul A. Magnuson United States District Court Judge