Halverson v. Astrue

Filing 25

ORDER ADOPTING REPORT AND RECOMMENDATIONS 23 for 19 Motion for Summary Judgment filed by Michael J Astrue, 12 Motion for Summary Judgment filed by Sharon Halverson. This case is remanded to the Commissioner for further proceedings consistent with the Report and Recommendation (Written Opinion). Signed by Judge Joan N. Ericksen on January 26, 2009. (slf)

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Sharon Halverson, Plaintiff, v. Michael J. Astrue, Commissioner of Social Security, Defendant. ______________________________________________________________________________ Lionel H. Peabody, Esq., P.O. Box 10, Duluth, Minnesota 55801, for Plaintiff Lonnie F. Bryan, Esq., Office of the United States Attorney, 300 South Fourth Street, Minneapolis, Minnesota 55415, for Defendant ______________________________________________________________________ The above-entitled matter comes before the Court on the Report and Recommendation of United States Magistrate Judge Susan Richard Nelson. No objections have been filed to that Report and Recommendation in the time period permitted. Accordingly, based on all of the files, records, and proceedings herein, IT IS HEREBY ORDERED that: 1. Plaintiff's Motion for Summary Judgment (Doc. No. 12) is DENIED as to reversal but GRANTED as to remand; 2. 3. Defendant's Motion for Summary Judgment (Doc. No. 19) is DENIED; and This case is remanded to the Commissioner for further proceedings consistent with the Report and Recommendation. Dated: January 26, 2009 s/ Joan N. Ericksen JOAN N. ERICKSEN United States District Court Judge ORDER Civil No. 08-784 (JNE/SRN)