Petina K. v. Colvin
- Laura Provinzino
- 0:23-cv-03086
- U.S. District Court · District of Minnesota
- 2
In Petina K. v. Colvin, Judge Provinzino reversed the benefits denial and remanded for further consideration of two doctors’ opinions.
Petina K.’s disability-benefits claim was sent back to the Social Security Administration for further proceedings. The order reversed the Commissioner’s decision but does not state that Petina K. was awarded benefits.
What happened
In Petina K. v. Colvin, Petina K. challenged the Social Security Administration’s denial of her application for disability benefits.
Magistrate Judge John F. Docherty recommended reversing the Commissioner’s decision and sending the matter back for additional consideration of the persuasiveness of Dr. Karayusuf’s and Dr. Sperr’s medical opinions. Neither party objected.
Judge Laura M. Provinzino found no clear error, adopted the recommendation in full, granted Petina K.’s requested relief, denied the Commissioner’s requested relief, reversed the final decision, and remanded the matter to the Social Security Administration for further proceedings.
The detailed version
- Petina K. v. Colvin · No. 0:23-cv-03086
- Laura M. Provinzino
- Jan. 3, 2025
Background
Petina K. appealed the denial of her application for disability benefits by Carolyn W. Colvin, the Acting Commissioner of the Social Security Administration. The court substituted Colvin as the defendant in her official capacity after she became Acting Commissioner on November 30, 2024.
Report and Recommendation
After receiving briefs from both sides, United States Magistrate Judge John F. Docherty issued a Report and Recommendation. He recommended that the court reverse the Commissioner’s decision denying benefits and remand the matter to the Social Security Administration for additional consideration and explanation of how persuasive the Commissioner found the medical opinions of Dr. Karayusuf and Dr. Sperr.
Neither party objected to the recommendation. Because there were no objections, the court reviewed it for clear error, meaning an obvious mistake in the recommendation.
Ruling
Judge Laura M. Provinzino found no clear error and adopted the Report and Recommendation in full. The court granted the relief requested in Petina K.’s brief, denied the relief requested in the Commissioner’s brief, reversed the Commissioner’s final decision, and remanded the matter to the Social Security Administration for further proceedings consistent with the recommendation. The order does not state that benefits were awarded.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.