Opinion
22-cv-2132 (ECT/JFD)
01-10-2024
Desiree M., Plaintiff, v. Martin J. O'Malley, Commissioner of Social Security, Defendant.
ORDER ACCEPTING REPORT AND RECOMMENDATION
Eric C. Tostrud United States District Court
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.