Polly O. v. Kijakazi
- Eric Tostrud
- 0:20-cv-01820
- U.S. District Court · District of Minnesota
- 2
In Polly O. v. Kijakazi, Judge Tostrud granted Polly O.’s summary-judgment motion in part, denied the Commissioner’s motion, and remanded the case.
Polly O. and the Acting Commissioner of Social Security; the case was sent back to the Commissioner for further administrative proceedings.
What happened
In Polly O. v. Kijakazi, the court reviewed a magistrate judge’s report and recommendation because no party objected. The court found no clear error in that recommendation.
The court granted Polly O.’s motion for summary judgment in part and denied Acting Commissioner Kilolo Kijakazi’s motion for summary judgment. It remanded the case to the Commissioner for further administrative proceedings and dismissed the case with prejudice.
Judge Eric C. Tostrud issued the order accepting the report and recommendation and directed that judgment be entered.
The detailed version
- Polly O. v. Kijakazi · No. 0:20-cv-01820
- Eric Tostrud
- Jan. 6, 2022
Background
Magistrate Judge Elizabeth Cowan Wright issued a report and recommendation on December 16, 2021. No party objected. Judge Tostrud therefore reviewed the recommendation for clear error, meaning whether the recommendation contained an obvious mistake. The court found no clear error.
Rulings
The court accepted the report and recommendation. It granted Polly O.’s motion for summary judgment in part and denied Acting Commissioner of Social Security Kilolo Kijakazi’s motion for summary judgment.
The court remanded the case to the Commissioner under sentence four of 42 U.S.C. § 405(g) for further administrative proceedings consistent with the report and recommendation. The court also dismissed the case with prejudice and directed that judgment be entered.
What the Opinion Does Not Explain
This order does not describe the underlying Social Security dispute or explain which portion of Polly O.’s summary-judgment motion was granted.
Judge
Judge Eric C. Tostrud signed the order on January 6, 2022.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.