Kenoyer v. Colvin
Kenoyer v. Colvin
Trial Court Opinion
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA
PETINA K., Case No. 23-cv-3086 (LMP/JFD) Plaintiff, v. ORDER ADOPTING REPORT AND CAROLYN W. COLVIN, Acting RECOMMENDATION Commissioner of the Social Security Administration,1 Defendant.
Edward C. Olson, Reitan Law Office, Minneapolis, MN, and Clifford Michael Farrell, Manring & Farrell, Dublin, OH, for Plaintiff Petina K.
Ana H. Voss, United States Attorney’s Office, Minneapolis, MN, Chris Carillo, James D.
Sides, and Sophia Doroba, Social Security Administration, Baltimore, MD, for Defendant Carolyn W. Colvin, Acting Commissioner of the Social Security Administration.
Plaintiff Petina K. appeals the denial of her application for disability benefits by Defendant Carolyn W. Colvin, Acting Commissioner of the Social Security Administration (the “Commissioner”). See ECF No. 1. After receiving briefing from Petina K. and the Commissioner (ECF Nos. 12, 14), United States Magistrate Judge John F. Docherty issued a Report and Recommendation (“R&R”), recommending that the Court reverse the Commissioner’s decision denying benefits and remand to the Social Security Administration for additional consideration. See ECF No. 17. The R&R proposes remand On November 30, 2024, Carolyn W. Colvin became the Acting Commissioner of the Social Security Administration. The Court substitutes Carolyn W. Colvin as defendant in her official capacity. Fed. R. Civ. P. 25(d). specifically for additional consideration and articulation by the Commissioner of the persuasiveness of Dr. Karayusuf’s and Dr. Sperr’s medical opinions. Id. at 14. Neither party objected to the R&R, see Fed. R. Civ. P. 72(b)(2), so the Court reviews the R&R for clear error, Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam). Finding no clear error, the Court adopts the R&R, reverses the Commissioner’s decision, and remands to the Social Security Administration for further proceedings.
CONCLUSION Based upon the foregoing, and all the files, records, and proceedings herein, IT IS HEREBY ORDERED that: 1. The relief requested in Petina K.’s brief (ECF No. 12) is GRANTED.
2. The relief requested in the Commissioner’s brief (ECF No. 14) is DENIED.
3. The Report and Recommendation (ECF No. 17) is ADOPTED IN FULL.
4. The final decision of the Commissioner is REVERSED, and the matter is REMANDED to the Social Security Administration for further proceedings consistent with the Report and Recommendation (ECF No. 17).
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: January 3, 2025 s/Laura M. Provinzino Laura M. Provinzino United States District Judge
Trial Court Opinion
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA
PETINA K., Case No. 23-cv-3086 (LMP/JFD) Plaintiff, v. ORDER ADOPTING REPORT AND CAROLYN W. COLVIN, Acting RECOMMENDATION Commissioner of the Social Security Administration,1 Defendant.
Edward C. Olson, Reitan Law Office, Minneapolis, MN, and Clifford Michael Farrell, Manring & Farrell, Dublin, OH, for Plaintiff Petina K.
Ana H. Voss, United States Attorney’s Office, Minneapolis, MN, Chris Carillo, James D.
Sides, and Sophia Doroba, Social Security Administration, Baltimore, MD, for Defendant Carolyn W. Colvin, Acting Commissioner of the Social Security Administration.
Plaintiff Petina K. appeals the denial of her application for disability benefits by Defendant Carolyn W. Colvin, Acting Commissioner of the Social Security Administration (the “Commissioner”). See ECF No. 1. After receiving briefing from Petina K. and the Commissioner (ECF Nos. 12, 14), United States Magistrate Judge John F. Docherty issued a Report and Recommendation (“R&R”), recommending that the Court reverse the Commissioner’s decision denying benefits and remand to the Social Security Administration for additional consideration. See ECF No. 17. The R&R proposes remand On November 30, 2024, Carolyn W. Colvin became the Acting Commissioner of the Social Security Administration. The Court substitutes Carolyn W. Colvin as defendant in her official capacity. Fed. R. Civ. P. 25(d). specifically for additional consideration and articulation by the Commissioner of the persuasiveness of Dr. Karayusuf’s and Dr. Sperr’s medical opinions. Id. at 14. Neither party objected to the R&R, see Fed. R. Civ. P. 72(b)(2), so the Court reviews the R&R for clear error, Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam). Finding no clear error, the Court adopts the R&R, reverses the Commissioner’s decision, and remands to the Social Security Administration for further proceedings.
CONCLUSION Based upon the foregoing, and all the files, records, and proceedings herein, IT IS HEREBY ORDERED that: 1. The relief requested in Petina K.’s brief (ECF No. 12) is GRANTED.
2. The relief requested in the Commissioner’s brief (ECF No. 14) is DENIED.
3. The Report and Recommendation (ECF No. 17) is ADOPTED IN FULL.
4. The final decision of the Commissioner is REVERSED, and the matter is REMANDED to the Social Security Administration for further proceedings consistent with the Report and Recommendation (ECF No. 17).
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: January 3, 2025 s/Laura M. Provinzino Laura M. Provinzino United States District Judge
Case-law data current through December 31, 2025. Source: CourtListener bulk data.