Todd v. Astrue et al

Filing 37

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 35 Report and Recommendation. Motion for Summary Judgment filed by Peter J. Todd is GRANTED 26 . Motion for Summary Judgment filed by Michael J Astrue is DENIED 30 . The Commissioner's decision is REVERSED and the case is REMANDED to the Secretary for the immediate calculation and award of benefits. (Written Opinion). Signed by Judge John R. Tunheim on March 13, 2009. (HAM)

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA ________________________________________________________________________ PETER J. TODD, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendants. _______________________________________________________________________ FRANK LEVIN AND JAMES ROTH, FRANK W. LEVIN, PA, 331 Second Avenue South, Suite 420, Minneapolis, MN 55401, for plaintiff. Lonnie Bryan, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, 300 South Fourth Street, Suite 600, Minneapolis, MN 55415, for defendant. The above matter comes before the Court upon the Report and Recommendation of United States Magistrate Judge Franklin L. Noel dated February 20, 2009 [Docket No. 35]. No objections have been filed to that Report and Recommendation in the time period permitted. Based upon the Report and Recommendation of the Magistrate Judge, upon all of the files, records, and proceedings herein, the Court now makes and enters the following Order. IT IS HEREBY ORDERED that: 1. 2. Plaintiff's Motion for Summary Judgment [Docket No. 26] is GRANTED; and Defendant's Motion for Summary Judgment [Docket No. 30] is DENIED. ORDER ADOPTING REPORT AND RECOMMENDATION Civil No. 08-0444 (JRT/FLN)

3.

The Commissioner's decision is REVERSED and the case is REMANDED to

the Secretary for the immediate calculation and award of benefits.

DATED: March 13, 2009 at Minneapolis, Minnesota.

s/John R. Tunheim JOHN R. TUNHEIM United States District Judge