Martinez v. Commissioner of Social Security

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

Martinez v. Commissioner of Social Security

Plaintiff:	Jorge A. Martinez, Jr.
Defendant:	Commissioner of Social Security
Case Number:	1:2013cv07254
Filed:	October 15, 2013
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Bronx
Presiding Judge:	Katherine Polk Failla
Nature of Suit:	Supplemental Security Income
Cause of Action:	42 U.S.C. § 205
Jury Demanded By:	None

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Date Filed	Document Text
July 2, 2015	Filing 29 OPINION AND ORDER re: 24 MOTION for Judgment on the Pleadings filed by Commissioner of Social Security, 26 CROSS MOTION for Judgment on the Pleadings filed by Jorge A. Martinez, Jr.: As noted, the Court has t he "power to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Commissioner of Social Security, with or without remanding the cause for a rehearing." 42 U.S.C. § ; 405(g). For the reasons set forth in this Opinion, the determination of the Commissioner of Social Security is hereby REMANDED for the sole purpose of obtaining the testimony of a vocational expert on the question of whether a significant number of jobs existed in the national economy that Plaintiff could have performed prior to January 15, 2012. Plaintiff's motion for judgment on the pleadings is accordingly GRANTED to that extent, and the Commissioner's motion for judgment on the pleadings is DENIED. Because a remand order pursuant to sentence four of 42 U.S.C. § 405(g) "terminates the civil action seeking judicial review of the Secretary's final decision," Shalala v. Schaefer, 509 U.S. 292, 299 (1 993) (internal alterations, quotation marks, and italics omitted), the Clerk of Court is directed to terminate the motions pending at Docket Entries 24 and 26, and to close this case. (Signed by Judge Katherine Polk Failla on 7/2/2015) (tn)

Date Filed

Document Text

July 2, 2015

Filing 29 OPINION AND ORDER re: 24 MOTION for Judgment on the Pleadings filed by Commissioner of Social Security, 26 CROSS MOTION for Judgment on the Pleadings filed by Jorge A. Martinez, Jr.: As noted, the Court has t he "power to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Commissioner of Social Security, with or without remanding the cause for a rehearing." 42 U.S.C. § ; 405(g). For the reasons set forth in this Opinion, the determination of the Commissioner of Social Security is hereby REMANDED for the sole purpose of obtaining the testimony of a vocational expert on the question of whether a significant number of jobs existed in the national economy that Plaintiff could have performed prior to January 15, 2012. Plaintiff's motion for judgment on the pleadings is accordingly GRANTED to that extent, and the Commissioner's motion for judgment on the pleadings is DENIED. Because a remand order pursuant to sentence four of 42 U.S.C. § 405(g) "terminates the civil action seeking judicial review of the Secretary's final decision," Shalala v. Schaefer, 509 U.S. 292, 299 (1 993) (internal alterations, quotation marks, and italics omitted), the Clerk of Court is directed to terminate the motions pending at Docket Entries 24 and 26, and to close this case. (Signed by Judge Katherine Polk Failla on 7/2/2015) (tn)

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Plaintiff: Jorge A. Martinez, Jr.
Represented By:	Daniel Berger
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Defendant: Commissioner of Social Security
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