Iverson v. Social Security Commissioner et al

Filing 28

ORDER ADOPTING REPORT AND RECOMMENDATIONS by Chief Judge Ralph R. Erickson. The Commissioner's 23 Motion for Summary Judgment is DENIED, Plaintiff's 9 Motion to Remand is DENIED, and Plaintiff's 18 Motion for Summary Judgment is GRANTED. The case is remanded with directions to award benefits for the claimed closed period of disability. (SH)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NORTH DAKOTA SOUTHEASTERN DIVISION Brian D. Iverson, Plaintiff, -vsMichael J. Astrue, Commissioner of Social Security Administration, Defendant. ) ) ) ) ) ) ) ) ) )

Case No. 3:08-cv-128 ORDER ADOPTING REPORT AND RECOMMENDATION

Plaintiff appeals from an unfavorable decision of Administrative Law Judge Lyle Olson. 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 Plaintiff's Motion for "Sentence Four" Reversal and Remand be denied; that Plaintiff's Motion for Summary Judgment be granted; that the Commissioner's Motion for Summary Judgment be denied; and that the claim be remanded to the Commissioner for an award of benefits for the claimed closed period of disability. Neither party filed objections to the Report and Recommendation within the time prescribed by Fed.R.Civ.P. 72(b) and Local Rule 72.1(D)(3). After carefully reviewing the Report and Recommendation, along with the entire file, the Court agrees with the Magistrate Judge's analysis. Accordingly, the Court hereby adopts the Report and Recommendation in its entirety. For the reasons set forth therein, Plaintiff's Motion for Remand (Doc. #9) is DENIED; Plaintiff's Motion for Summary Judgment (Doc. #18) is GRANTED; the Commissioner's Motion for Summary Judgment (Doc. #23) is DENIED; and the Commissioner's decision is REMANDED WITH DIRECTIONS to award Plaintiff benefits

1

for the claimed closed period of February 5, 2005, to the effective date of the Commissioner's favorable decision on the second application for benefits. IT IS SO ORDERED. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated this 22nd day of March, 2010. /s/ Ralph R. Erickson Ralph R. Erickson, Chief Judge United States District Court

2