Opinion
Civil Action 1:21-CV-040
02-02-2022
JORGE LUIS GONZALEZ, Plaintiff, v. KILOLO KIJAKAZI, Defendant.
ORDER
Fernando Rodriguez, Jr., United States District Judge
Plaintiff Jorge Luis Gonzalez filed this petition for review after the Commissioner of Social Security denied him disability benefits based on an Administrative Law Judge's findings. (Complt., Doc. 1) After the administrative transcript record was fully developed, a United States Magistrate Judge requested dispositive briefing from Gonzalez. (Order, Doc. 12) In response, Gonzalez and the Commissioner each filed a motion for summary judgment. (Plaintiff's MSJ, Doc. 15; Defendant's MSJ and Brief in Support, Docs. 16 and 17)
The Magistrate Judge recommends that Gonzalez's petition for review be granted. (R&R, Doc. 19) No party filed objections to the Report and Recommendation, and the Court finds no clear error within it.
As a result, the Court ADOPTS the Report and Recommendation (Doc. 19). It is:
ORDERED that Plaintiff Jorge Luis Gonzalez's Motion for Summary Judgment (Doc. 15) is GRANTED;
ORDERED that Defendant's Motion for Summary Judgment (Doc. 16) is DENIED; and
ORDERED that Plaintiff Jorge Luis Gonzalez's Petition for Review is GRANTED, the final decision of the Commissioner of Social Security Administration is VACATED, and this case is REMANDED to the Commissioner of the Social Security Administration for further proceedings consistent with this Order and the adopted Report and Recommendation.
This Order is final and appealable.
The Clerk of Court is directed to close this matter.