Schwandt v. Berryhill

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATION (Written Opinion). Signed by Judge Wilhelmina M. Wright on 09/06/2017. (TJB)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Cheryl J. Schwandt,

Case No. 16-cv-1318 (WMW/HB)
Plaintiff,
ORDER ADOPTING REPORT AND
RECOMMENDATION

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

This matter is before the Court on the June 22, 2017 Report and Recommendation
(R&R) of United States Magistrate Judge Hildy Bowbeer.

(Dkt. 16.)

The R&R

recommends granting in part and denying in part Plaintiff Cheryl J. Schwandt’s motion
for summary judgment, (Dkt. 10), granting in part and denying in part Defendant Nancy
A. Berryhill’s motion for summary judgment, (Dkt. 12), and remanding to the
Commissioner of Social Security for further consideration of the denial of Schwandt’s
request for a waiver of recovery of overpayments Schwandt received from the Social
Security Administration. Schwandt timely filed objections to the R&R.
A district court reviews de novo any aspect of an R&R to which a party timely
objects. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3); LR 72.2(b)(3). Although
Schwandt raises eight objections to the R&R, none of Schwandt’s objections undermines
the merit of the R&R’s conclusion that the Commissioner’s final determination in this
matter is supported by substantial evidence in the record. Consequently, having reviewed

the recommendations of the R&R de novo, the Court overrules Schwandt’s objections
and adopts the R&R.

ORDER
Based on the R&R and all the files, records and proceedings herein, IT IS
HEREBY ORDERED:
1.

Plaintiff Cheryl J. Schwandt’s objections to the June 22, 2017 R&R, (Dkt.

18), are OVERRULED;
2.

The June 22, 2017 R&R, (Dkt. 16), is ADOPTED;

3.

Plaintiff Cheryl J. Schwandt’s motion for summary judgment, (Dkt. 10), is

GRANTED IN PART and DENIED IN PART;
4.

Defendant Nancy A. Berryhill’s motion for summary judgment, (Dkt. 12),

is GRANTED IN PART and DENIED IN PART;
5.

This matter is remanded to the Social Security Administration for further

consideration of the denial of the request for a waiver of the recovery of the
overpayments, as addressed in Part IV.A.3 of the R&R.
LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: September 6, 2017

s/Wilhelmina M. Wright
Wilhelmina M. Wright
United States District Judge

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