Campbell v. Astrue
Filing
19
ORDER ADOPTING REPORT AND RECOMMENDATION. 1. Defendant Carolyn W. Colvin, Acting Commissioner of Social Security's objections (Doc. No. 17 ) to Magistrate Judge Tony N. Leung's February 12, 2013 Report and Recommendation are OVERRULED. 2. Magistrate Judge Tony N. Leung's February 12, 2013 Report and Recommendation (Doc. No. 15 ) is ADOPTED. 2. Plaintiff's Motion for Summary Judgment (Doc. No. 8 ) is GRANTED. 3. This matter is REMANDED for further proceedings consistent with the Report and Recommendation. 4. Defendant's Motion for Summary Judgment (Doc. No. 13 ) is DENIED. (Written Opinion). Signed by Judge Donovan W. Frank on 3/20/2013. (BJS)
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
James H. Campbell,
Civil No. 12-336 (DWF/TNL)
Plaintiff,
v.
ORDER ADOPTING REPORT
AND RECOMMENDATION
Carolyn W. Colvin, 1 Acting Commissioner
of Social Security,
Defendant.
This matter is before the Court on Defendant Carolyn W. Colvin, Acting
Commissioner of Social Security’s (“Defendant”) objections (Doc. No. 17) to Magistrate
Judge Tony N. Leung’s February 12, 2013 Report and Recommendation (Doc. No. 15)
insofar as it recommends that Plaintiff’s Motion for Summary Judgment be denied, this
matter be remanded for further proceedings, and Defendant’s Motion for Summary
Judgment be denied. Plaintiff filed a response to Defendant’s objections on
March 9, 2013. (Doc. No. 18.)
The Court has conducted a de novo review of the record, including a review of the
arguments and submissions of the parties, pursuant to 28 U.S.C. § 636(b)(1) and Local
Rule 72.2(b). The factual background for the above-entitled matter is clearly and
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On February 14, 2013, Carolyn W. Colvin became Acting Commissioner of Social
Security. Pursuant to the Social Security Act and the Federal Rules of Civil Procedure,
Carolyn W. Colvin is automatically substituted as Defendant in this suit. 42 U.S.C.
§ 405(g); Fed. R. Civ. P. 25(d).
precisely set forth in the Report and Recommendation and is incorporated by reference for
purposes of Defendant’s objections.
Defendant objects to the recommendation that the Court remand this case for further
development of the record regarding whether Plaintiff’s disability ended on
December 31, 2008. Defendant maintains that the record substantially supports the ALJ’s
decision and that no further record development is necessary. Having carefully reviewed
the record, the Court concludes that Defendant’s objections offer no basis for departure
from the Report and Recommendation. In particular, the Court agrees that the Magistrate
Judge correctly determined that the ALJ failed to consider whether Plaintiff could have
afforded treatment after December 31, 2008, correctly noted Plaintiff’s delusional
disorders with respect to Plaintiff’s failure to seek treatment, and otherwise properly
detailed the shortcomings in the ALJ’s decision. The Magistrate Judge correctly
determined that the matter should be remanded for further proceedings.
Based upon the de novo review of the record and all of the arguments and
submissions of the parties and the Court being otherwise duly advised in the premises, the
Court hereby enters the following:
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ORDER
1.
Defendant Carolyn W. Colvin, Acting Commissioner of Social Security’s
objections (Doc. No. [17]) to Magistrate Judge Tony N. Leung’s February 12, 2013 Report
and Recommendation are OVERRULED.
2.
Magistrate Judge Tony N. Leung’s February 12, 2013 Report and
Recommendation (Doc. No. [15]) is ADOPTED.
2.
Plaintiff’s Motion for Summary Judgment (Doc. No. [8]) is GRANTED.
3.
This matter is REMANDED for further proceedings consistent with the
Report and Recommendation.
4.
Defendant’s Motion for Summary Judgment (Doc. No. [13]) is DENIED.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: March 20, 2013
s/Donovan W. Frank
DONOVAN W. FRANK
United States District Judge
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