Opinion
1:22-cv-03146-RHW
04-12-2024
JERRY B.,[1] Plaintiff, v. MARTIN O'MALLEY, COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION TO GRANT PLAINTIFF'S MOTION AND DENY DEFENDANT'S MOTION ECF NOS. 13, 18, 22
ROBERT H. WHALEY SENIOR UNITED STATES DISTRICT JUDGE
Before the Court is the Report and Recommendation issued by Magistrate Judge Alexander C. Ekstrom, ECF No. 22, recommending Plaintiff's Motion, ECF No. 13, be granted and Defendant's Motion, ECF No. 18, 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. 22, is ADOPTED in its entirety.
2. Plaintiff's Motion, ECF No. 13, is GRANTED. The Commissioner's decision is REVERSED and this matter is REMANDED for further proceedings consistent with the Report and Recommendation pursuant to sentence four of 42 U.S.C. § 405(g).
3. Defendant's Motion, ECF No. 18, 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.