Kenoyer v. Kijakazi

Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATION: 17 Report and Recommendation is ADOPTED IN FULL; relief requested in 12 Memorandum/Brief is GRANTED; relief requested in 14 Memorandum/Brief is DENIED; final decision of the Commissioner is REVERSED, and the matter is REMANDED to the Social Security Administration for further proceedings consistent with 17 Report and Recommendation. (Written Opinion) Signed by Judge Laura M. Provinzino on 1/3/2025. (TJC)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
PETINA K.,

Case No. 23-cv-3086 (LMP/JFD)
Plaintiff,

v.

ORDER ADOPTING REPORT AND
RECOMMENDATION

CAROLYN W. COLVIN, Acting
Commissioner of the Social Security
Administration, 1
Defendant.

Edward C. Olson, Reitan Law Office, Minneapolis, MN, and Clifford Michael Farrell,
Manring & Farrell, Dublin, OH, for Plaintiff Petina K.
Ana H. Voss, United States Attorney’s Office, Minneapolis, MN, Chris Carillo, James D.
Sides, and Sophia Doroba, Social Security Administration, Baltimore, MD, for Defendant
Carolyn W. Colvin, Acting Commissioner of the Social Security Administration.
Plaintiff Petina K. appeals the denial of her application for disability benefits by
Defendant Carolyn W. Colvin, Acting Commissioner of the Social Security Administration
(the “Commissioner”). See ECF No. 1. After receiving briefing from Petina K. and the
Commissioner (ECF Nos. 12, 14), United States Magistrate Judge John F. Docherty issued
a Report and Recommendation (“R&R”), recommending that the Court reverse the
Commissioner’s decision denying benefits and remand to the Social Security
Administration for additional consideration. See ECF No. 17. The R&R proposes remand

On November 30, 2024, Carolyn W. Colvin became the Acting Commissioner of the
Social Security Administration. The Court substitutes Carolyn W. Colvin as defendant in
her official capacity. Fed. R. Civ. P. 25(d).

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specifically for additional consideration and articulation by the Commissioner of the
persuasiveness of Dr. Karayusuf’s and Dr. Sperr’s medical opinions. Id. at 14. Neither
party objected to the R&R, see Fed. R. Civ. P. 72(b)(2), so the Court reviews the R&R for
clear error, Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam). Finding no
clear error, the Court adopts the R&R, reverses the Commissioner’s decision, and remands
to the Social Security Administration for further proceedings.
CONCLUSION
Based upon the foregoing, and all the files, records, and proceedings herein, IT IS
HEREBY ORDERED that:
1. The relief requested in Petina K.’s brief (ECF No. 12) is GRANTED.
2. The relief requested in the Commissioner’s brief (ECF No. 14) is DENIED.
3. The Report and Recommendation (ECF No. 17) is ADOPTED IN FULL.
4. The final decision of the Commissioner is REVERSED, and the matter is
REMANDED to the Social Security Administration for further proceedings
consistent with the Report and Recommendation (ECF No. 17).
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: January 3, 2025

s/Laura M. Provinzino
Laura M. Provinzino
United States District Judge

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