Opinion
1:22CV527
08-14-2023
LINDA OLSON, Plaintiff, v. KILOLO KIJAKAZI Acting Commissioner of Social Security Defendants.
ORDER
Loretta C, Biggs, United States District Judge.
The Recommendation of the United States Magistrate Judge was filed with the Court in accordance with 28 U.S.C. § 636(b) and, on July 21, 2023, was served on the parties in this action. (ECF Nos. 21, 22.) Defendant filed objections to the Magistrate Judge's Recommendation, (ECF No. 23), to which Plaintiff responded, (ECF No. 24).
The Court has appropriately reviewed the Magistrate Judge's Recommendation and Defendant's Objections and has made a de novo determination in accord with the Magistrate Judge's Recommendation. The Court therefore adopts the Magistrate Judge's Recommendation.
IT IS THEREFORE ORDERED that the stay in this matter be LIFTED, 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 Commissioner is directed to REMAND the matter to the ALJ for proceedings consistent with this Order. To this extent, Defendant's Motion for Judgment on the Pleadings, (ECF No. 17), is DENIED and Plaintiffs Motion for Judgment, (ECF No. 11), is GRANTED. However, to the extent that Plaintiffs motion seeks an immediate award of benefits, it is DENIED.