Booth v. Bisignano

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Channing B., No. 24-cv-1359 (KMM/SGE)

Plaintiff,

v. ORDER ACCEPTING REPORT AND RECOMMENDATION Leland Dudek, Acting Commissioner of Social Security ,

Defendant.

This matter is before the Court on the May 5, 2025 Report and Recommendation (“R&R”) of United States Magistrate Judge Shannon G. Elkins. (Dkt. 15.) The R&R concludes that the Administrative Law Judge relied on his own inferences drawn from an administrative record devoid of any evidence of how Plaintiff’s impairments affect his ability to work. As a result, the R&R recommends that this case be remanded to the Social Security Administration pursuant to sentence four of 42 U.S.C. § 405(g) for further development of the record with regard to Plaintiff’s mental and physical functioning. The deadline for objections to the R&R was May 19, 2025, see D. Minn. LR 72.2(b), but none have been filed. In the absence of objections, the Court reviews the R&R for clear error. Nur v. Olmsted County, 563 F. Supp. 3d 946, 949 (D. Minn. 2021) (citing Fed. R. Civ. P. 72(b) and Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam)). Based on this Court’s careful review of the R&R and the record in this matter, the Court finds no error. Accordingly, IT IS HEREBY ORDERED THAT: 1. Plaintiff’s request for relief (Dkt. 10) is GRANTED. 2. The Commissioner’s request for relief (Dkt. 13) is DENIED. 3. This matter is REMANDED to the Social Security Administration pursuant to sentence four of 42 U.S.C. § 405(g) for further development of Plaintiff’s mental and physical functioning. Let judgment be entered accordingly.

Dated: May 21, 2025 s/ Katherine Menendez_______ Katherine Menendez United States District Judge