Waddel-Johnson v. O'Malley
Waddel-Johnson v. O'Malley
Trial Court Opinion
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA
Clarissa W.-J., File No. 23-cv-729 (ECT/ECW) Plaintiff, v. ORDER ACCEPTING REPORT AND RECOMMENDATION Martin J. O’Malley, Commissioner of Social Security Administration, Defendant. ________________________________________________________________________ Magistrate Judge Elizabeth Cowan Wright issued a Report and Recommendation on July 10, 2024. ECF No. 23. No party has objected to that Report and Recommendation, 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). Finding no clear error, and based upon all the files, records, and proceedings in the above-captioned matter, IT IS ORDERED THAT: 1. The Report and Recommendation [ECF No. 23] is ACCEPTED.
2. Plaintiff Clarissa W.-J.’s request for reversal or remand of the Commissioner’s decision [ECF No. 16] is GRANTED in part and DENIED in part as set forth in the Report and Recommendation.
3. This case is REMANDED for the purpose of clarifying Plaintiff’s mental RFC during a 30-day training period and the bases for that RFC and, if necessary, obtaining relevant testimony from a VE as to the step five analysis.
4. Defendant Commissioner of Social Security’s request to affirm the Commissioner’s decision [ECF No. 18] is DENIED.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: July 25, 2024 s/ Eric C. Tostrud Eric C. Tostrud United States District Court
Trial Court Opinion
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA
Clarissa W.-J., File No. 23-cv-729 (ECT/ECW) Plaintiff, v. ORDER ACCEPTING REPORT AND RECOMMENDATION Martin J. O’Malley, Commissioner of Social Security Administration, Defendant. ________________________________________________________________________ Magistrate Judge Elizabeth Cowan Wright issued a Report and Recommendation on July 10, 2024. ECF No. 23. No party has objected to that Report and Recommendation, 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). Finding no clear error, and based upon all the files, records, and proceedings in the above-captioned matter, IT IS ORDERED THAT: 1. The Report and Recommendation [ECF No. 23] is ACCEPTED.
2. Plaintiff Clarissa W.-J.’s request for reversal or remand of the Commissioner’s decision [ECF No. 16] is GRANTED in part and DENIED in part as set forth in the Report and Recommendation.
3. This case is REMANDED for the purpose of clarifying Plaintiff’s mental RFC during a 30-day training period and the bases for that RFC and, if necessary, obtaining relevant testimony from a VE as to the step five analysis.
4. Defendant Commissioner of Social Security’s request to affirm the Commissioner’s decision [ECF No. 18] is DENIED.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: July 25, 2024 s/ Eric C. Tostrud Eric C. Tostrud United States District Court
Case-law data current through December 31, 2025. Source: CourtListener bulk data.