Mitchell v. O'Malley

U.S. District Court, District of Minnesota

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                

Reference

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