Davenport v. Commissioner of Social Security

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

Davenport v. Commissioner of Social Security

Plaintiff:	Donna Davenport
Defendant:	Commissioner of Social Security
Case Number:	1:2014cv02734
Filed:	April 17, 2014
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Broome
Presiding Judge:	Henry B. Pitman
Presiding Judge:	William H. Pauley
Nature of Suit:	Supplemental Security Income
Cause of Action:	42 U.S.C. § 405
Jury Demanded By:	None

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Date Filed	Document Text
September 22, 2015	Filing 19 ORDER adopting 18 Report and Recommendations, denying 13 Motion for Judgment on the Pleadings filed by Commissioner of Social Security. Plaintiff Donna Davenport, on behalf of her minor child, D.W.P., filed this action seeking review of the final decision of Administrative Law Judge Brian W. Lemoine (the "ALJ"), denying Plaintiff supplemental security income benefits under the Social Security Act on the ground that D.W.P.'s impairments do not constitute a disabi lity. On October 14, 2014, the Commissioner moved for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure to affirm the ALJ's final decision. On October 22, 2014, Plaintiff opposed the Commissioner's motion. By a Report and Recommendation dated August 20, 2015 ("the Report"), Magistrate Judge Henry B. Pitman recommended that this Court deny the Commissioner's motion for judgment on the pleadings and remand the case for further pr oceedings pursuant to sentence four of 42 U.S.C. § 405(g). Neither party has objected to the Report. This Court has reviewed Magistrate Judge Pitman's thorough Report and finds that it is not facially erroneous. This Court affirms and adopt s it. Accordingly, the Commissioner's motion is denied, and this case is remanded for further administrative proceedings before the ALJ to develop the record in accord with the Report. The Clerk of the Court is directed to close this case. (Signed by Judge William H. Pauley, III on 9/22/2015) Copies Sent By Chambers. (mro)

Date Filed

Document Text

September 22, 2015

Filing 19 ORDER adopting 18 Report and Recommendations, denying 13 Motion for Judgment on the Pleadings filed by Commissioner of Social Security. Plaintiff Donna Davenport, on behalf of her minor child, D.W.P., filed this action seeking review of the final decision of Administrative Law Judge Brian W. Lemoine (the "ALJ"), denying Plaintiff supplemental security income benefits under the Social Security Act on the ground that D.W.P.'s impairments do not constitute a disabi lity. On October 14, 2014, the Commissioner moved for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure to affirm the ALJ's final decision. On October 22, 2014, Plaintiff opposed the Commissioner's motion. By a Report and Recommendation dated August 20, 2015 ("the Report"), Magistrate Judge Henry B. Pitman recommended that this Court deny the Commissioner's motion for judgment on the pleadings and remand the case for further pr oceedings pursuant to sentence four of 42 U.S.C. § 405(g). Neither party has objected to the Report. This Court has reviewed Magistrate Judge Pitman's thorough Report and finds that it is not facially erroneous. This Court affirms and adopt s it. Accordingly, the Commissioner's motion is denied, and this case is remanded for further administrative proceedings before the ALJ to develop the record in accord with the Report. The Clerk of the Court is directed to close this case. (Signed by Judge William H. Pauley, III on 9/22/2015) Copies Sent By Chambers. (mro)

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Plaintiff: Donna Davenport
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Defendant: Commissioner of Social Security
Represented By:	Joseph Anthony Pantoja
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