Franklin v. Commissioner of Social Security

Justia Dockets & Filings Second Circuit New York Eastern District Franklin v. Commissioner of Social Security

Franklin v. Commissioner of Social Security

Plaintiff:	Angela Franklin
Defendant:	Commissioner of Social Security
Case Number:	1:2012cv06298
Filed:	December 21, 2012
Court:	US District Court for the Eastern District of New York
Office:	Brooklyn Office
Presiding Judge:	Dora Lizette Irizarry
Nature of Suit:	Social Security: DIWC/DIWW
Jury Demanded By:	None

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Date Filed	Document Text
September 12, 2014	Filing 29 ORDER denying 20 Motion for Judgment on the Pleadings AND REMANDING for further administrative proceedings -- For the reasons set forth in the ATTACHED WRITTEN MEMORANDUM AND ORDER, the Commissioner's motion for judgment on the pleadings is d enied, and pursuant to the fourth sentence of 42 U.S.C. § 405(g), the Commissioner's decision is reversed, in part, and this matter is remanded to the Commissioner for further administrative proceedings consistent with the court's opin ion. Specifically, the Administrative Law Judge is to determine the amount of overpayment that Plaintiff received during the period in which her bank account exceeded the $2,000 statutory threshold, as well as whether Plaintiff purposely dispos ed of assets below market value, such that she is subject to a three-year penalty of ineligibility. The Clerk of the Court is directed to mail a copy of this Electronic Order and the Attached Written Memorandum and Order and to enter judgment and close this case. SO ORDERED by Judge Dora Lizette Irizarry on 9/12/2014. (Irizarry, Dora)

Date Filed

Document Text

September 12, 2014

Filing 29 ORDER denying 20 Motion for Judgment on the Pleadings AND REMANDING for further administrative proceedings -- For the reasons set forth in the ATTACHED WRITTEN MEMORANDUM AND ORDER, the Commissioner's motion for judgment on the pleadings is d enied, and pursuant to the fourth sentence of 42 U.S.C. § 405(g), the Commissioner's decision is reversed, in part, and this matter is remanded to the Commissioner for further administrative proceedings consistent with the court's opin ion. Specifically, the Administrative Law Judge is to determine the amount of overpayment that Plaintiff received during the period in which her bank account exceeded the $2,000 statutory threshold, as well as whether Plaintiff purposely dispos ed of assets below market value, such that she is subject to a three-year penalty of ineligibility. The Clerk of the Court is directed to mail a copy of this Electronic Order and the Attached Written Memorandum and Order and to enter judgment and close this case. SO ORDERED by Judge Dora Lizette Irizarry on 9/12/2014. (Irizarry, Dora)

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Defendant: Commissioner of Social Security
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Plaintiff: Angela Franklin
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