Opinion
22-cv-1109 (WMW/LIB)
06-20-2023
Brad J., Plaintiff, v. Kilolo Kijakazi, Acting Commissioner of Social Security, Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION
Wilhelmina M. Wright, United States District Judge.
This matter is before the Court on the May 17, 2023 Report and Recommendation (R&R) of United States Magistrate Judge Leo I. Brisbois. (Dkt. 21.) Because no objections have been filed, this Court reviews the R&R for clear error. See Fed.R.Civ.P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam). Having reviewed the R&R, the Court finds no clear error.
Based on the R&R and all the files, records and proceedings herein, IT IS HEREBY ORDERED:
1. Plaintiff Brad J.'s Motion for Summary Judgment, (Dkt. 14), is GRANTED in part and DENIED in part, as follows:
a. Plaintiff's motion is GRANTED as to the request for a remand of the case to the Social Security Administration for further consideration; and
b. Plaintiff's motion is DENIED as to the Plaintiff's motion for an award of benefits from this Court or a remand for an award of benefits.
2. Defendant Kilolo Kijakazi's Motion for Summary Judgment, (Dkt. 18), is DENIED.
3. This matter is REMANDED to the Social Security Administration, pursuant to 42 U.S.C. § 405(g).
“The court shall have power to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Commissioner of Social Security, with or without remanding the cause for a rehearing.” 42 U.S.C. § 405(g).
LET JUDGMENT BE ENTERED ACCORDINGLY.