Weber v. Colvin

Filing 23

ORDER re 20 Report and Recommendation. (1) Plaintiff's Motion for Summary Judgment 15 is GRANTED IN PART and DENIED IN PART. (2) The Commissioner's Motion for Summary Judgment 17 is DENIED. (3) The Commissioner's decision is AFFIRMED as to steps one through two and VACATED as to steps three through five. (4) The case is REMANDED to the Commissioner for further proceedings. (Written Opinion) Signed by Judge Joan N. Ericksen on February 2, 2017. (CBC)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Donald W. Weber,
Plaintiff,
Case No. 16-cv-332 (JNE/TNL)
ORDER

v.
Nancy A. Berryhill, Acting Commissioner of
Social Security, 1
Defendant.

In a Report and Recommendation dated January 26, 2017, the Honorable Tony N.
Leung, United States Magistrate Judge, recommended that Plaintiff’s Motion for
Summary Judgment be granted in part and denied in part, that the Commissioner’s
Motion for Summary Judgment be denied, that the Commissioner’s decision be affirmed
as to steps one through two and vacated as to steps three through five, and that the case
be remanded to the Commissioner for further proceedings. The parties stated that they do
not object to the Report and Recommendation. The Court accepts the recommended
disposition [Docket No. 20]. Therefore, IT IS ORDERED THAT:
1.

Plaintiff’s Motion for Summary Judgment [Docket No. 15] is GRANTED
IN PART and DENIED IN PART.

2.

The Commissioner’s Motion for Summary Judgment [Docket No. 17] is
DENIED.

3.

The Commissioner’s decision is AFFIRMED as to steps one through two
and VACATED as to steps three through five.

1

Nancy A. Berryhill is automatically substituted for Carolyn W. Colvin as the
defendant in this case. See Fed. R. Civ. P. 25(d).
1

4.

The case is REMANDED to the Commissioner for further proceedings.

LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: February 2, 2017
s/ Joan N. Ericksen
JOAN N. ERICKSEN
United States District Judge

2