Chang v. Colvin

Filing 21

ORDER ADOPTING 19 Report and Recommendation, granting in part and denying in part 16 Motion for Summary Judgment filed by Carolyn W. Colvin, granting in part and denying in part 14 Motion for Summary Judgment filed by Dang Chang (Written Opinion). Signed by Judge Ann D. Montgomery on 2/27/17. (JME)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Dang Chang,
Civil No. 15-cv-4496 (ADM/HB)
Plaintiff,
v.
Nancy A. Berryhill, Acting Commissioner of
Social Security, 1

ORDER ON REPORT
AND RECOMMENDATION

Defendant.

The above-entitled matter came before the Court upon the Report and
Recommendation of the United States Magistrate Judge. No objections have been filed to
the Report and Recommendation in the time period permitted.
Based upon the Report and Recommendation of the Magistrate Judge, and all the
files, records and proceedings herein,
IT IS HEREBY ORDERED that:
1.
2.

Plaintiff Dang Chang’s Motion for Summary Judgment [Doc.
No. 14] is GRANTED IN PART AND DENIED IN PART; and

3.

1

The Report and Recommendation is ADOPTED;

Defendant Carolyn W. Colvin’s Motion for Summary Judgment
[Doc. No. 16] is GRANTED IN PART AND DENIED IN PART;
and

Nancy A. Berryhill is now the Acting Commissioner of Social Security. Pursuant
to Federal Rule of Civil Procedure Rule 25(d), Nancy A. Berryhill is substituted for
Carolyn W. Colvin as the Defendant in this action.

4.

The decision of the Commissioner is REVERSED; and

5.

This matter is REMANDED pursuant to sentence four of 42 U.S.C.
§ 405(g), for further proceedings consistent with this Order,
including:
a.

The ALJ shall reconsider Dr. Colón’s opinion in light of the
discussion above and in accordance with 20 C.F.R.
§ 416.927(c).

b.

Depending on the new weight assigned to Dr. Colón’s
opinion, the ALJ shall redevelop the RFC if necessary.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: February 27, 2017

s/Ann D. Montgomery
ANN D. MONTGOMERY
United States District Judge

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