Evenson v. Berryhill
Based upon that review, the Court will ADOPT the Report and Recommendation in its entirety. Plaintiff's motion for summary judgment 10 is GRANTED IN PART and DENIED IN PART, and this matter is REMANDED under Sentence Four of 42 U.S.C. § 405(g). Defendant's motion for summary judgment 12 is GRANTED IN PART and DENIED IN PART. LET JUDGMENT BE ENTERED ACCORDINGLY. Signed by Judge Michael J. Davis on 6/26/17. (KMW)
DefendanUNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Case No. 0:16‐cv‐00969‐MJD/BRT
Jody Ann Evenson,
Nancy A. Berryhill, Acting
Commissioner of Social Security,
James Greeman, Greeman Toomey PLLC, Counsel for plaintiff
Bahram Samie, Assistant United States Attorney, Counsel for defendant
The above matter comes before the Court upon the Report and
Recommendation of United States Magistrate Judge Becky R. Thorson dated May
22, 2017. Defendant objects to the Magistrate Judge’s recommendation that the
matter be remanded to allow the ALJ to clarify his opinion as to his consideration
of Dr. Mark’s Smith’s opinion with regard to limitations as to pace and
persistence and to tolerate stressors and pressures at work.
Pursuant to statute, the Court has conducted a de novo review of the
record. 28 U.S.C. § 636(b)(1); Local Rule 72.2(b). Based upon that review, the
Court will ADOPT the Report and Recommendation in its entirety.
Plaintiff’s motion for summary judgment (Doc. No. 10) is
GRANTED IN PART and DENIED IN PART, and this matter is REMANDED
under Sentence Four of 42 U.S.C. § 405(g);
Defendant’s motion for summary judgment (Doc. No. 12) is
GRANTED IN PART and DENIED IN PART.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Date: June 26, 2017
s/Michael J. Davis
MICHAEL J. DAVIS
United States District Court
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