Armstrong v. Kijakazi

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATIONS denying 15 Motion for Summary Judgment filed by Martin J. O'Malley, granting 13 Memorandum/Brief in a SSA Case filed by Jason Armstrong. Case remanded. (Written Opinion) Signed by Judge John R. Tunheim on 2/5/2024. (HMA)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
_____________________________________________________________________
Civil No. 23-104 (JRT/LIB)

JASON A., 1

Plaintiff,
ORDER ADOPTING REPORT
AND RECOMMENDATIONS

v.
MARTIN J. O’MALLEY,
Acting Commissioner of Social Security,
Defendant.

________________________________________________________________________
James H. Greeman, Greeman Toomey, 250 Second Avenue South, Suite
120, Minneapolis, Minnesota 55401 for Plaintiff.
Kira Treyvus, Konoski & Partners, 305 Broadway, 7th Floor, New York, New
York 10007 for Plaintiff.
Ana H. Voss, United States Attorney’s Office, 300 South 4th Street, Suite
600, Minneapolis, Minnesota 55415 for Defendant.
James D. Sides, Social Security Administration, Office of the General
Counsel, Office of Program Litigation, Office 4, 6401 Security Boulevard,
Baltimore Maryland 21235 for Defendant.
Kizuwanda Curtis, Social Security Administration, Office of Program
Litigation, 6401 Security Boulevard, Baltimore, Maryland 21235 for
Defendant.
Based upon the Report and Recommendation of United States Magistrate Judge
Leo I. Brisbois, and after an independent review of the files, records and proceedings in

1 This District has adopted the policy of using only the first name and last initial of any nongovernmental parties in
Social Security opinions such as the present Report and Recommendation. Accordingly, where the Court refers to
Plaintiff by her name only her first name and last initial are provided.

the above-entitled matter, IT IS HEREBY ORDERED that:
1.

Plaintiff’s request for relief, [Docket No. 13], is GRANTED, as set forth
above;

2.

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

3.

The above captioned matter is REMANDED to the Social Security
Administration, pursuant to sentence four of 42 U.S.C. § 405(g), for further
administrative

proceedings

consistent

with

this

Recommendation.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: February 5, 2024
at Minneapolis, Minnesota

s/John R. Tunheim
JOHN R. TUNHEIM
United States District Judge

Report

and