Opinion
4:22-cv-05081-RHW
11-21-2023
CHARLES C.,[1] Plaintiff, v. KILOLO KIJAKAZI, ACTING COMMISSIONER OF SOCIAL SECURITY, Defendant
ORDER ADOPTING REPORT AND RECOMMENDATION TO GRANT PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND DENY DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
ECF NOS. 16, 17, 21
ROBERT H. WHALEY, SENIOR UNITED STATES DISTRICT JUDGE
Before the Court is the Report and Recommendation issued by Magistrate Judge Alexander C. Ekstrom on October 24, 2023, ECF No. 21, recommending Plaintiff's Motion for Summary Judgment, ECF No. 16, be granted and Defendant's Motion for Summary Judgment, ECF No. 17, be denied. No objections were filed. After reviewing the Report and Recommendation, the Court finds the Magistrate Judge's findings are correct. Therefore, the Court adopts the Report and Recommendation in its entirety.
Accordingly, IT IS ORDERED:
1. The Report and Recommendation, ECF No. 21, is ADOPTED in its entirety.
2. Plaintiff's Motion for Summary Judgment, ECF No. 16, is GRANTED. The Commissioner's decision is REVERSED and this matter is REMANDED for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g).
3. Defendant's Motion for Summary Judgment, ECF No. 17, is DENIED.
4. Upon proper presentation, the Court will consider Plaintiff's application for fees and expenses under the Equal Access to Justice Act, 28 U.S.C. § 2412(d).
The District Court Executive is directed to enter this Order, ENTER JUDGMENT in favor of Plaintiff, forward copies to counsel and Magistrate Judge Ekstrom, and CLOSE THE FILE.