HELMBERGER v. KIJAKAZI ( 2023 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION CLINT H., ) ) Plaintiff, ) ) v. ) No. 1:21-cv-03020-RLY-MKK ) KILOLO KIJAKAZI, Acting Commissioner of ) Social Security Administration, ) ) Defendant. ) ORDER ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Clint H., Plaintiff, filed a request for judicial review of the decision by Kilolo Kijakazi, Acting Commissioner of the Social Security Administration, to deny his application for disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. § 401 et seq. The court referred the matter to the Magistrate Judge, who issued a Report and Recommendation. The Magistrate Judge concluded that the Administrative Law Judge (“ALJ”) erred at Step Five. The Magistrate Judge accordingly recommended that this case be remanded for further proceedings. Neither party objects. Consequently, the court reviews the Report and Recommendation for clear error. Johnson v. Zema Sys. Corp., 170 F.3d 734, 739 (7th Cir. 1999). After reviewing the record, this court is satisfied that the Magistrate Judge did not commit clear error. Therefore, the court ADOPTS the Magistrate Judge’s Report and Recommendation (Filing No. 23), REVERSES the decision of the ALJ, and REMANDS the matter to the Social Security Administration for further proceedings. SO ORDERED this 20th day of January 2023. RICHAR AL. YQUNG, JUDGE United StatesDxStrict Court Southern District of Indiana Distributed Electronically to Registered Counsel of Record.