Opinion
Civil Action 4:22-CV-02551
10-31-2023
Kathy Kelsey, Plaintiff, v. Kilolo Kijakazi, Acting Commissioner, Social Security Administration, Defendant.
ORDER ADOPTING RECOMMENDATION OF THE MAGISTRATE JUDGE
Ewing Werlein, United States District Judge
Pending are Plaintiff Kathy Kelsey's Motion for Summary Judgment (Document No. 10) and Defendant Kilolo Kijakazi's Motion for Summary Judgment (Document No. 11) . The Court has received from the Magistrate Judge a Memorandum and Recommendation recommending that Plaintiff's Motion for Summary Judgment be granted, that Defendant's Motion for Summary Judgment be denied, that the decision of the Commissioner of the Social Security Administration be vacated, and that the matter be remanded to the Commissioner of the Social Security Administration for further proceedings (Document No. 14) . The deadline for objections has passed, and no objections have been filed.
The Court, after having made a de novo determination of the motions for summary judgment, is of the opinion that the findings and recommendations of the Magistrate Judge are correct and should be and hereby are accepted by the Court in their entirety.
Accordingly, it is ORDERED and ADJUDGED for the reasons set forth in the Memorandum and Recommendation of the of the United States Magistrate Judge signed and filed on September 26, 2023 (Document No. 14), which is adopted in its entirety as the opinion of this Court, that Plaintiff Kathy Kelsey's Motion for Summary Judgment (Document No. 10) is GRANTED, and that Defendant Kilolo Kijakazi's Motion for Summary Judgment (Document No. 11) is DENIED.
It is further ORDERED and ADJUDGED that that the decision of the Commissioner of the Social Security Administration is VACATED and that this matter is REMANDED for further administrative proceedings consistent with the Court's opinion.
The Clerk will enter this Order and send copies to all parties of record.