UNITED STATES DISTRICT COURT                            
                DISTRICT OF MINNESOTA                                


Hue Y.,                                File No. 23-cv-209 (ECT/DJF)       

     Plaintiff,                                                      

v.                                   ORDER ACCEPTING REPORT               
                                  AND RECOMMENDATION                 
Martin J. O’Malley, Commissioner of Social                                
Security Administration,                                                  

     Defendant.                                                      
________________________________________________________________________  
Magistrate  Judge  Dulce  J.  Foster  issued  a  Report  and  Recommendation  on 
December  29,  2023.    ECF  No.  20.    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, 

 (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. 20] is ACCEPTED IN PART;1 
and                                                                       
2.   Plaintiff’s Request for Relief [ECF No. 16] is GRANTED IN PART and 
DENIED IN PART;                                                           
3.   The Commissioner’s Request for Relief [ECF No. 18] is GRANTED IN 
PART and DENIED IN PART; and                                              

1    The Report and Recommendation’s recommendation to reverse the Commissioner’s 
Decision is rejected in light of the case’s disposition.                  
4.   The matter is remanded to the Social Security Administration pursuant to 
sentence four of 

(g) for further proceedings consistent with the Report and 
Recommendation.                                                           

       LET JUDGMENT BE ENTERED ACCORDINGLY.                          

Dated:  January 17, 2024       s/ Eric C. Tostrud                         
                         Eric C. Tostrud                             
                         United States District Court                

             UNITED STATES DISTRICT COURT                            
                DISTRICT OF MINNESOTA                                


Hue Y.,                                File No. 23-cv-209 (ECT/DJF)       

     Plaintiff,                                                      

v.                                   ORDER ACCEPTING REPORT               
                                  AND RECOMMENDATION                 
Martin J. O’Malley, Commissioner of Social                                
Security Administration,                                                  

     Defendant.                                                      
________________________________________________________________________  
Magistrate  Judge  Dulce  J.  Foster  issued  a  Report  and  Recommendation  on 
December  29,  2023.    ECF  No.  20.    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, 

 (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. 20] is ACCEPTED IN PART;1 
and                                                                       
2.   Plaintiff’s Request for Relief [ECF No. 16] is GRANTED IN PART and 
DENIED IN PART;                                                           
3.   The Commissioner’s Request for Relief [ECF No. 18] is GRANTED IN 
PART and DENIED IN PART; and                                              

1    The Report and Recommendation’s recommendation to reverse the Commissioner’s 
Decision is rejected in light of the case’s disposition.                  
4.   The matter is remanded to the Social Security Administration pursuant to 
sentence four of 

(g) for further proceedings consistent with the Report and 
Recommendation.                                                           

       LET JUDGMENT BE ENTERED ACCORDINGLY.                          

Dated:  January 17, 2024       s/ Eric C. Tostrud                         
                         Eric C. Tostrud                             
                         United States District Court