De Jesus v. Commissioner of Social Security

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

De Jesus v. Commissioner of Social Security

Plaintiff:	Robert A. De Jesus
Defendant:	Commissioner of Social Security
Case Number:	1:2014cv05516
Filed:	July 17, 2014
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Bronx
Presiding Judge:	Ronald L. Ellis
Presiding Judge:	William H. Pauley
Nature of Suit:	Disability Insurance
Cause of Action:	42 U.S.C. § 205
Jury Demanded By:	None

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Date Filed	Document Text
January 19, 2016	Filing 17 ORDER adopting 16 Report and Recommendations, denying 10 Motion for Judgment on the Pleadings filed by Commissioner of Social Security. Plaintiff Robert A. De Jesus filed this action on July 17, 2014 seeking review of the final dec ision of Administrative Law Judge James Kearns (the "ALJ") finding that De Jesus was not disabled under the Social Security Act and was not entitled to disability insurance benefits. On January 12, 2015, the Commissioner of Social Secur ity moved for Judgment on the Pleadings. However, the Commissioner did not file copies of the Answer or administrative record until May 27, 2015. By a Report and Recommendation dated July 24, 2015 ("the Report"), Magistrate Judge Ronald Ellis recommended that this Court deny the Commissioner's motion for judgment on the pleadings and remand the case for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g). Neither party has objected to the Report. Thi s Court has reviewed Magistrate Judge Ellis's thorough Report and finds it is not facially erroneous. This Court affirms and adopts it. Accordingly, the Commissioner's motion is denied, and this case is remanded for further administrati ve proceedings before the ALJ to develop the record in accord with the Report. The Clerk of Court is directed to terminate the motion pending at ECF No. 10 and mark this case as closed. (Signed by Judge William H. Pauley, III on 1/19/2016) Copies Mailed by Chambers. (mro)

Date Filed

Document Text

January 19, 2016

Filing 17 ORDER adopting 16 Report and Recommendations, denying 10 Motion for Judgment on the Pleadings filed by Commissioner of Social Security. Plaintiff Robert A. De Jesus filed this action on July 17, 2014 seeking review of the final dec ision of Administrative Law Judge James Kearns (the "ALJ") finding that De Jesus was not disabled under the Social Security Act and was not entitled to disability insurance benefits. On January 12, 2015, the Commissioner of Social Secur ity moved for Judgment on the Pleadings. However, the Commissioner did not file copies of the Answer or administrative record until May 27, 2015. By a Report and Recommendation dated July 24, 2015 ("the Report"), Magistrate Judge Ronald Ellis recommended that this Court deny the Commissioner's motion for judgment on the pleadings and remand the case for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g). Neither party has objected to the Report. Thi s Court has reviewed Magistrate Judge Ellis's thorough Report and finds it is not facially erroneous. This Court affirms and adopts it. Accordingly, the Commissioner's motion is denied, and this case is remanded for further administrati ve proceedings before the ALJ to develop the record in accord with the Report. The Clerk of Court is directed to terminate the motion pending at ECF No. 10 and mark this case as closed. (Signed by Judge William H. Pauley, III on 1/19/2016) Copies Mailed by Chambers. (mro)

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