Green v. Commissioner of Social Security

Justia Dockets & Filings Second Circuit New York Southern District Green v. Commissioner of Social Security

Green v. Commissioner of Social Security

Plaintiff:	George R. Green
Defendant:	Commissioner of Social Security
Case Number:	1:2008cv08435
Filed:	October 2, 2008
Court:	US District Court for the Southern District of New York
Office:	Social Security: Black Lung Office
County:	Bronx
Presiding Judge:	Loretta A. Preska
Nature of Suit:	None
Cause of Action:	U.S. Government Defendant
Jury Demanded By:	42:405 Review of HHS Decision (DIWC)

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Date Filed	Document Text
July 26, 2012	Filing 18 ORDER ADOPTING REPORT AND RECOMMENDATION for 15 Report and Recommendations, 8 Motion for Judgment filed by Commissioner of Social Security. Having found Judge Maas's analysis to be correct and appropriate upon de novo review, see Fed. R. Civ . P. 72(b), the Report and Recommendation is hereby adopted. Accordingly, the Commissioner's motion [dkt. no. 8] is granted in part and denied in part. The case is remanded solely to develop the record below and resolve the apparently inconsiste nt findings with respect to Plaintiff's residual functional capacity ("RFC") and the availability of jobs consistent with that RFC. The Clerk of the Court shall mark this action closed and all pending motions denied as moot. The Court shall retain jurisdiction over this matter, however, for the purpose of any appeal from further findings by the Administrative Law Judge. (Signed by Judge Loretta A. Preska on 7/25/2012) Copies Mailed By Chambers. (lmb)

Date Filed

Document Text

July 26, 2012

Filing 18 ORDER ADOPTING REPORT AND RECOMMENDATION for 15 Report and Recommendations, 8 Motion for Judgment filed by Commissioner of Social Security. Having found Judge Maas's analysis to be correct and appropriate upon de novo review, see Fed. R. Civ . P. 72(b), the Report and Recommendation is hereby adopted. Accordingly, the Commissioner's motion [dkt. no. 8] is granted in part and denied in part. The case is remanded solely to develop the record below and resolve the apparently inconsiste nt findings with respect to Plaintiff's residual functional capacity ("RFC") and the availability of jobs consistent with that RFC. The Clerk of the Court shall mark this action closed and all pending motions denied as moot. The Court shall retain jurisdiction over this matter, however, for the purpose of any appeal from further findings by the Administrative Law Judge. (Signed by Judge Loretta A. Preska on 7/25/2012) Copies Mailed By Chambers. (lmb)

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Plaintiff: George R. Green
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Defendant: Commissioner of Social Security
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