Gelner v. Berryhill

Filing 20

ORDER adopting Report and Recommendation [Docket No. 17 ]. (1) Plaintiff's Motion for Summary Judgment [Docket No. 12 ] is GRANTED. (2) Defendant's Motion for Summary Judgment [Docket No. 15 ] is DENIED. (3) The matter is remanded to the Appeals Council for further proceedings pursuant to the fourth sentence of 42 U.S.C. § 405(g). (Written Opinion) Signed by Judge Joan N. Ericksen on 8/16/2018. (CBC)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Brendan Kiley Gelner,
Plaintiff,
v.

Case No. 17-cv-4202 (JNE/KMM)
ORDER

Nancy A. Berryhill, Acting Commissioner
of Social Security,
Defendant.
This case is before the Court on a Report and Recommendation [Docket No. 17]
issued by the Honorable Katherine Menendez, United States Magistrate Judge, on July
24, 2018. The Magistrate Judge recommended that Plaintiff’s Motion for Summary
Judgment be granted, that Defendant’s Motion for Summary Judgment be denied, and
that the matter be remanded to the Appeals Council for further proceedings pursuant to
the fourth sentence of 42 U.S.C. § 405(g). No objection to the Report and
Recommendation has been received. The Court accepts the recommended disposition.
See 28 U.S.C. § 636(b)(1). Therefore, IT IS ORDERED THAT:
1.

Plaintiff’s Motion for Summary Judgment [Docket No. 12] is GRANTED.

2.

Defendant’s Motion for Summary Judgment [Docket No. 15] is DENIED.

3.

The matter is remanded to the Appeals Council for further proceedings
pursuant to the fourth sentence of 42 U.S.C. § 405(g).

LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: August 16, 2018
s/ Joan N. Ericksen
JOAN N. ERICKSEN
United States District Judge