Mitchell v. O'Malley
Mitchell v. O'Malley
Trial Court Opinion
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA
Desiree M., File No. 22-cv-2132 (ECT/JFD) Plaintiff, v. ORDER ACCEPTING REPORT AND RECOMMENDATION Martin J. O’Malley, Commissioner of Social Security, Defendant. ________________________________________________________________________ Magistrate Judge John F. Docherty issued a Report and Recommendation on December 18, 2023. ECF No. 27. 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 of the files, records, and proceedings in the above-captioned matter, IT IS ORDERED THAT: 1. The Report and Recommendation [ECF No. 27] is ACCEPTED; 2. Plaintiff Desiree M.’s Motion for Summary Judgment [ECF No. 15] is GRANTED; 3. Defendant Commissioner of Social Security’s Motion for Summary Judgment [ECF No. 24] is DENIED; and 4. The Commissioner’s decision is REVERSED and the matter is REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) for consideration of Dr. Amy Hilde- Philips’s medical opinion pursuant to 20 C.F.R. § 404.1520c.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: January 10, 2024 s/ Eric C. Tostrud Eric C. Tostrud United States District Court
Trial Court Opinion
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA
Desiree M., File No. 22-cv-2132 (ECT/JFD) Plaintiff, v. ORDER ACCEPTING REPORT AND RECOMMENDATION Martin J. O’Malley, Commissioner of Social Security, Defendant. ________________________________________________________________________ Magistrate Judge John F. Docherty issued a Report and Recommendation on December 18, 2023. ECF No. 27. 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 of the files, records, and proceedings in the above-captioned matter, IT IS ORDERED THAT: 1. The Report and Recommendation [ECF No. 27] is ACCEPTED; 2. Plaintiff Desiree M.’s Motion for Summary Judgment [ECF No. 15] is GRANTED; 3. Defendant Commissioner of Social Security’s Motion for Summary Judgment [ECF No. 24] is DENIED; and 4. The Commissioner’s decision is REVERSED and the matter is REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) for consideration of Dr. Amy Hilde- Philips’s medical opinion pursuant to 20 C.F.R. § 404.1520c.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: January 10, 2024 s/ Eric C. Tostrud Eric C. Tostrud United States District Court
Case-law data current through December 31, 2025. Source: CourtListener bulk data.