Fogarty v. O'Malley
Filing
13
ORDER ADOPTING REPORT AND RECOMMENDATION. 12 Report and Recommendation is ADOPTED; Plaintiffs 9 Request for Relief is GRANTED in part and DENIED in part, as set forth in the R&R; Defendants 10 Request for Relief is DENIED; and this case is REMANDED to the Social Security Administration for further proceedings. (Written Opinion) Signed by Judge Laura M. Provinzino on 1/27/2025. (TJC)
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
GREGORY F., 1
Case No. 23-cv-3787 (LMP/LIB)
Plaintiff,
v.
MICHELLE KING, Acting
Commissioner of Social Security
Administration
ORDER ADOPTING REPORT AND
RECOMMENDATION
Defendant.
Before the Court is the Report and Recommendation (“R&R”) of United States
Magistrate Judge Leo I. Brisbois, which recommends remanding the present case to the
Social Security Administration for further proceedings. ECF No. 12. No objections have
been filed to the R&R in the time period permitted, and it is therefore reviewed for clear
error. See Fed. R. Civ. P. § 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996)
(per curiam).
Remand, here, is particularly appropriate where an entirely new and severe
impairment arose after the state agency consultant’s opinion issued and the Administrative
Law Judge discounted the only medical opinion in the record regarding the new and severe
impairment. ECF No. 12 at 21. Finding no clear error, and based upon all of the files,
records, and proceedings in the above-captioned matter, IT IS ORDERED THAT:
This District has adopted the policy of using only the first name and last initial of any
nongovernmental parties in Social Security opinions.
1
1.
The R&R (ECF No. 12) is ADOPTED;
2.
Plaintiff’s request for relief (ECF No. 9) is GRANTED in part and
DENIED in part, as set forth in the R&R;
3.
Defendant’s request for relief (ECF No. 10) is DENIED; and
4.
This case is REMANDED to the Social Security Administration for further
proceedings.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: January 27, 2025
s/Laura M. Provinzino
Laura M. Provinzino
United States District Judge
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