Opinion
1:20CV252
09-27-2021
TRACY CARTER, Plaintiff, v. KILOLO KIJAKAZI, [1] Acting Commissioner of Social Security, Defendant.
ORDER
This matter is before this court for review of the Memorandum Opinion and Recommendation filed on September 1, 2021, by the Magistrate Judge in accordance with 28 U.S.C. § 636(b). (Doc. 24.) In the Recommendation, the Magistrate Judge recommends that the Commissioner's decision finding no disability be reversed, and that the matter be remanded to the Commissioner under sentence four of 42 U.S.C. § 405(g). The Magistrate Judge further recommends that Defendant's Motion for Judgment on the Pleadings, (Doc. 21), should be denied and that Plaintiff's Motion for Summary Judgment, (Doc. 18), should be granted. The Recommendation was served on the parties to this action on September 1, 2021. (Doc. 25.) Counsel for Defendant filed timely objections, (Doc. 26), to the Recommendation, and Plaintiff responded, (Doc. 27), to Defendant's objections.
This court is required to “make a de novo determination of those portions of the [Magistrate Judge's] report or specified proposed findings or recommendations to which objection is made.” 28 U.S.C. § 636(b)(1). This court “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the [M]agistrate [J]udge. . . . [O]r recommit the matter to the [M]agistrate [J]udge with instructions.” Id.
This court has appropriately reviewed the portions of the Recommendation to which objections were made and has made a de novo determination which is in accord with the Magistrate Judge's Recommendation. This court therefore adopts the Recommendation.
IT IS THEREFORE ORDERED that the Magistrate Judge's Recommendation, (Doc. 24), is ADOPTED. IT IS FURTHER ORDERED that the Commissioner's decision finding no disability is REVERSED and that the matter is REMANDED to the Commissioner under sentence four of 42 U.S.C. § 405(g). The Commissioner is directed to remand the matter to the Administrative Law Judge for further administrative proceedings consistent with the Recommendation. To this extent, the Commissioner's Motion for Judgment on the Pleadings, (Doc. 21), is DENIED and Plaintiff's Motion for Summary Judgment, (Doc. 18), is GRANTED to the extent set out in the Recommendation.
A judgment dismissing this action will be entered contemporaneously with this Order.