STAMER v. KIJAKAZI
STAMER v. KIJAKAZI
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION
MICHAEL S., ) ) Plaintiff, ) ) v. ) No. 1:21-cv-00161-RLY-MJD ) KILOLO KIJAKAZI, Acting Commissioner of ) Social Security Administration, ) ) Defendant. )
ORDER ADOPTING REPORT AND RECOMMENDATION
On December 16, 2021, the Magistrate Judge issued a Report and Recommendation, recommending the Commissioner's motion to remand for another hearing be denied, that the Commissioner's decision denying Plaintiff's claim for benefits be reversed, and that this case be remanded to the Commissioner with instructions to calculate an award of benefits to Plaintiff. Neither party objects. Consequently, the court reviews the Report and Recommendation for clear error. Johnson v. Zema Sys. Corp.,
170 F.3d 734, 739 (7th Cir. 1999). After reviewing the record, the court finds that the Magistrate Judge did not commit clear error and therefore ADOPTS the Magistrate Judge’s Report and Recommendation (Filing No. 21). Accordingly, the Commissioner's Motion to Remand (Filing No. 19) for another hearing is DENIED, the Commissioner's decision denying Plaintiff's claim is REVERSED, and this case is REMANDED to the Commissioner with instructions to calculate and award benefits to Plaintiff.
SO ORDERED this 11™ day of January 2022.
RICHAR AL. YOUNG, JUDGE United States-Bstrict Court Southern District of Indiana
Distributed Electronically to Registered Counsel of Record.
Reference
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