Hamberg v. O'Malley
U.S. District Court, District of Minnesota
Hamberg v. O'Malley
Trial Court Opinion
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
William H., No. 23-cv-1737 (KMM/LIB)
Plaintiff,
v.
AMENDED ORDER
Martin J. O’Malley,
Commissioner of Social Security Admin.,
Defendant.
Plaintiff William H. brought this case to challenge the Defendant Commissioner of
Social Security’s decision denying his applications for disability benefits. This matter is
before the Court for consideration of the Report and Recommendation (“R&R) issued by
United States Magistrate Judge Leo I. Brisbois on July 29, 2024. Doc. 16. In the R&R,
Judge Brisbois recommends that Plaintiff’s request for relief be granted, the
Commissioner’s request for the Court to affirm the administrative decision be denied, and
this matter be remanded for further proceedings consistent with the R&R. Defendant had
until August 12, 2024 to file objections to the R&R. Fed. R. Civ. P. 72(b)(2); D. Minn. LR
72.2(b)(1). To date, Defendant has not objected.
When a party fails to make timely objections to a magistrate judge’s report and
recommendation, the district court reviews the magistrate judge’s decision for clear error.
Grinder v. Gammon, 73 F.3d 793, 795(8th Cir. 1996). Based on the Court’s review of the R&R and the record, the Court finds no error. Accordingly, IT IS HEREBY ORDERED THAT 1. The Report and Recommendation, Doc. 16, is ACCEPTED; 2. Plaintiff’s request for relief, Doc. 13, is GRANTED, as set forth in the Report and Recommendation; 3. The Defendant’s request for relief, Doc. 14, is DENIED; and 4. This matter is REMANDED to the Social Security Administration, pursuant to sentence four of42 U.S.C. § 405
(g), for further administrative proceedings
consistent with the Report and Recommendation.
Let Judgment be entered accordingly.
Date: August 21, 2024 s/Katherine Menendez
Katherine Menendez
United States District Judge Trial Court Opinion
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
William H., No. 23-cv-1737 (KMM/LIB)
Plaintiff,
v.
AMENDED ORDER
Martin J. O’Malley,
Commissioner of Social Security Admin.,
Defendant.
Plaintiff William H. brought this case to challenge the Defendant Commissioner of
Social Security’s decision denying his applications for disability benefits. This matter is
before the Court for consideration of the Report and Recommendation (“R&R) issued by
United States Magistrate Judge Leo I. Brisbois on July 29, 2024. Doc. 16. In the R&R,
Judge Brisbois recommends that Plaintiff’s request for relief be granted, the
Commissioner’s request for the Court to affirm the administrative decision be denied, and
this matter be remanded for further proceedings consistent with the R&R. Defendant had
until August 12, 2024 to file objections to the R&R. Fed. R. Civ. P. 72(b)(2); D. Minn. LR
72.2(b)(1). To date, Defendant has not objected.
When a party fails to make timely objections to a magistrate judge’s report and
recommendation, the district court reviews the magistrate judge’s decision for clear error.
Grinder v. Gammon, 73 F.3d 793, 795(8th Cir. 1996). Based on the Court’s review of the R&R and the record, the Court finds no error. Accordingly, IT IS HEREBY ORDERED THAT 1. The Report and Recommendation, Doc. 16, is ACCEPTED; 2. Plaintiff’s request for relief, Doc. 13, is GRANTED, as set forth in the Report and Recommendation; 3. The Defendant’s request for relief, Doc. 14, is DENIED; and 4. This matter is REMANDED to the Social Security Administration, pursuant to sentence four of42 U.S.C. § 405
(g), for further administrative proceedings
consistent with the Report and Recommendation.
Let Judgment be entered accordingly.
Date: August 21, 2024 s/Katherine Menendez
Katherine Menendez
United States District Judge Reference
- Status
- Unknown