Opinion
Civ. 22-511 JWB/JFD
03-08-2023
BRENT Z., Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant.
ORDER
JERRY W. BLACKWELL, DISTRICT COURT
The above matter is before the Court on the Report and Recommendation (“R&R”) of United States Magistrate Judge John F. Docherty dated January 30, 2023. (Doc. No. 22.) No objections have been filed to that R&R in the time permitted. In the absence of timely objections, the Court reviews an R&R for clear error. See Fed.R.Civ.P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996). Having reviewed the R&R, the Court finds no clear error.
The Court also notes that the R&R, with respect to the Federal Vacancies Reform Act of 1998, is consistent with recent 8th Circuit precedent on the issue. See Dahle v. Kijakazi, No. 22-1601, 2023 WL 2379383 (8th Cir. Mar. 7, 2023).
Based on the Report and Recommendation, and on all of the files, records, and proceedings herein, IT IS HEREBY ORDERED THAT:
1. The Report and Recommendation (Doc. No. 22) is ACCEPTED;
2. Plaintiff's Motion for Summary Judgment (Doc. No. 14) is GRANTED IN PART and DENIED IN PART;
3. Defendant's Motion for Summary Judgment (Doc. No. 16) is DENIED; and
4. The Commissioner's decision is REMANDED to the Social Security Administration to address the one-to-two step task limitation per the R&R.
LET JUDGMENT BE ENTERED ACCORDINGLY.