Opinion
Civil Action 4:21-CV-02160
08-11-2022
KEVIN L.,[1] Plaintiff, v. KILOLO KIJAKAZI,[2] Acting Commissioner of Social Security, Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION
KEITH P. ELLISON UNITED STATES DISTRICT JUDGE
Pending before the Court are the parties' cross-motions for summary judgment.
On July 27, 2022, Judge Palermo issued a Report and Recommendation (“R&R”) (ECF No. 21), recommending that Plaintiff's Motion for Summary Judgment (ECF No. 15) be granted, and Defendant's Motion for Summary Judgment (ECF No. 19) be denied. Judge Palermo further recommended that Defendant's determination that Plaintiff is not disabled should be vacated, and that the case should be remanded to Defendant for further proceedings consistent with the R&R. ECF No. 21. The time for filing objections has passed, and no objections were filed.
Pursuant to Federal Rule of Civil Procedure 72(b), the Court has reviewed Judge Palermo's R&R for clear error. Finding no clear error, the Court adopts Judge Palermo's R&R in its entirety. Accordingly, Plaintiff's Motion for Summary Judgment (ECF No. 15) is hereby GRANTED, Defendant's Motion to Dismiss (ECF No. 19) is DENIED, Defendant's determination that Plaintiff is not disabled is VACATED, and this case is REMANDED to Defendant for further proceedings consistent with Judge Palermo's R&R.
IT IS SO ORDERED.