Lange v. Kijakazi

Filing 19

ORDER: The R&R 15 is accepted. Plaintiff's Motion for Summary Judgment 10 is granted in part. Defendant's Motion for Summary Judgment 12 is denied. This case is remanded to the Commissioner pursuant to 42 U.S.C. § 405(g), for further administrative proceedings consistent with the R&R. (Written Opinion) Signed by Judge Katherine M. Menendez on 11/13/2023. (BJP)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Gary L. L.,

No. 23-cv-17 (KMM/ECW)
Plaintiff,

v.

ORDER

Kilolo Kijakazi, Acting Commissioner of
Social Security,
Defendant.

The above matter comes before the Court upon the Report and Recommendation
(R&R) of United States Magistrate Judge Elizabeth Cowan Wright, dated October 11,
2023. [R&R, ECF No. 15.] Judge Cowan Wright found no error in the Administrative
Law Judge’s (“ALJ”) formulation of the Plaintiff’s residual functional capacity with
respect to Plaintiff’s ability to have contact with the public. [Id. at 19.] However, she
found that the ALJ’s rejection of the medical opinions provided by Jenny Bliss, a
psychiatric mental health nurse practitioner, as unpersuasive was not supported by
substantial evidence. [Id. at 19–24.] Accordingly, Judge Cowan Wright recommended
that Plaintiff’s motion be granted in part, the Commissioner’s motion be denied, and this
matter be remanded to the Social Security Administration for further proceedings. No
objections have been filed to the R&R.
The Court reviews de novo any portion of the R&R to which specific objections
are made. 28 U.S.C. § 636(b)(1); D. Minn. LR 72.2(b). In the absence of objections, the

Court reviews the R&R for clear error. Nur v. Olmsted County, 563 F. Supp. 3d 946, 949
(D. Minn. 2021) (citing Fed. R. Civ. P. 72(b) and Grinder v. Gammon, 73 F.3d 793, 795
(8th Cir. 1996) (per curiam)). Based on the Court’s careful review of the R&R and the
record in this case, the Court agrees with Judge Cowan Wright’s analysis, concludes that
Plaintiff’s motion should be granted in part, and this matter should be remanded to the
agency for further proceedings.
Accordingly, IT IS HEREBY ORDERED that:
1. The Report and Recommendation [ECF No. 15] is ACCEPTED.
2. Plaintiff’s Motion for Summary Judgment [ECF No. 10] is GRANTED IN
PART.
3. Defendant’s Motion for Summary Judgment [ECF No. 12] is DENIED.
4. This case is REMANDED to the Commissioner pursuant to sentence four of 42
U.S.C. § 405(g), for further administrative proceedings consistent with the Report
and Recommendation.
Let Judgment Be Entered Accordingly.
Date: November 13, 2023

s/ Katherine M. Menendez
Katherine M. Menendez
United States District Judge