Wright v. Berryhill

Filing 19

ORDER ADOPTING 17 REPORT AND RECOMMENDATIONS. 1. Plaintiff's Motion for Summary Judgment (Doc. No. 12) is GRANTED; 2. Defendant's Motion for Summary Judgment (Doc. No. 15) is DENIED; and 3. This matter is REMANDED to the Commissioner for further proceedings pursuant to 42 U.S.C. § 405(g) (sentence four). (Written Opinion). Signed by Judge Ann D. Montgomery on 1/8/2019. (LPH)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Exzabrian W.,

Civ. No. 17-4688 (ADM/BRT)

Plaintiff,
v.

Order

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

James H. Greeman, Esq., Greeman Toomey PLLC, counsel for Plaintiff.
Gregory G. Brooker, Esq., Marisa Silverman, Esq., United States Attorney’s Office,
counsel for Defendant.

The above matter comes before the Court upon the Report and Recommendation
of United States Magistrate Judge Becky R. Thorson dated December 20, 2018. No
objections have been filed to that Report and Recommendation in the time period
permitted. Based upon the Report and Recommendation of the Magistrate Judge, upon all
of the files, records, and proceedings herein, the Court now makes and enters the
following Order.
IT IS HEREBY ORDERED that:
1.
2.
and

Plaintiff’s Motion for Summary Judgment (Doc. No. 12) is GRANTED;
Defendant’s Motion for Summary Judgment (Doc. No. 15) is DENIED;

3.

This matter is REMANDED to the Commissioner for further proceedings

pursuant to 42 U.S.C. § 405(g) (sentence four). Pursuant to 20 C.F.R. § 404.1527, on
remand the ALJ should evaluate the opinion of Paul Erickson, M.D. that Plaintiff has
marked limitations in his ability to respond appropriately to work pressures in a usual
work setting and give good reasons for the weight accorded to this treating physician’s
opinion. The ALJ should consider Dr. Erickson’s opinion at steps three, four, and five of
the sequential evaluation process.
LET JUDGMENT BE ENTERED ACCORDINGLY.

Date: January 8, 2019

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

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