Miller v. Social Security Administration Commissioner
Filing
34
ORDER ADOPTING REPORT AND RECOMMENDATIONS 29 by Chief Judge Ralph R. Erickson. Plaintiff's 16 Motion for Summary Judgment is denied, Plaintiff's 19 Motion to Remand to Agency is granted, and Defendant's 22 Motion for Summary Judgment is denied.(SH)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
NORTHEASTERN DIVISION
Patrick E. Miller,
Plaintiff,
-vsSocial Security Administration
Commissioner, Michael J. Astrue,
Defendant.
)
)
)
)
)
)
)
)
)
)
Case No. 2:10-cv-41
ORDER ADOPTING REPORT AND
RECOMMENDATION
Plaintiff commenced this action seeking judicial review of the final decision of the Social
Security Commissioner denying his application for disability insurance benefits and for supplemental
security income. The Court has received a Report and Recommendation from the Honorable Karen
K. Klein, United States Magistrate Judge, pursuant to 28 U.S.C. § 636, recommending that this case
be remanded to the Social Security Administration for further proceedings (Doc. #29). Defendant
timely filed objections to the Report and Recommendation, asserting substantial evidence supports
the Commissioner’s final decision and there is no legal error because the Administrative Law Judge
(“ALJ”) expressly considered the effects of Plaintiff’s obesity in determining whether he was
disabled. Plaintiff responded to the objections (Doc. #31).
The Court has conducted a de novo review of the administrative record and the pleadings
filed in this action. After carefully considering the entire record, the Court agrees that the ALJ failed
to properly consider claimant’s morbid obesity and thus this case should be remanded to the Social
Security Administration for further proceedings.
The Court hereby adopts the Report and
Recommendation in its entirety. For the reasons set forth therein, Plaintiff’s motion for summary
judgment (Doc. #16) is DENIED; Plaintiff’s motion for remand is GRANTED (Doc. #19); and
Defendant’s motion for summary judgment is DENIED (Doc. #22).
IT IS HEREBY ORDERED that this case be remanded to the Social Security
Commissioner for further proceedings.
IT IS SO ORDERED.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated this 5th day of August, 2011.
/s/ Ralph R. Erickson
Ralph R. Erickson, Chief Judge
United States District Court
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?