Okolo v. Commissioner of Social Security

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

Okolo v. Commissioner of Social Security

Plaintiff:	Ijeoma Okolo
Defendant:	Commissioner of Social Security
Case Number:	1:2013cv04273
Filed:	June 19, 2013
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Bronx
Presiding Judge:	Paul G. Gardephe
Nature of Suit:	Social Security: DIWC/DIWW
Cause of Action:	42 U.S.C. § 405 Rev. of Final Dec. of Sec. of HEW re: S.S. Benefits
Jury Demanded By:	None

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Date Filed	Document Text
September 30, 2015	Filing 25 ORDER for 24 Report and Recommendations, 17 Motion for Judgment on the Pleadings filed by Commissioner of Social Security. This Court adopts Magistrate Judge Freeman's R&R in its entirety and, for the reasons stated therein, (1) grants t he Commissioner's motion for judgment on the pleadings with respect to the Commissioner's decision that Plaintiff is not entitled to a waiver of recovery of the $15,115 overpayment of J.O. 's benefits; (2) construes Plaintiff' ;s opposition to Defendant's motion as a cross-motion for judgment on the pleadings and grants the cross-motion with respect to the Commissioner's decision that Plaintiff is not entitled to a waiver of recovery of the $821 overpayment of her own benefits; (3) remands the case for further proceedings with respect to whether Plaintiff is entitled to a waiver of recovery of the $821 overpayment of Plaintiff's benefits; and (4) otherwise denies the parties' motions. Thi s case is hereby remanded to the Agency for further proceedings consistent with this Order and Magistrate Judge Freeman's R&R. The Clerk of the Court is directed to terminate Dkt. No. 17 and to close this case. The Clerk is further directed to mail a certified copy of this Order to pro se Plaintiff Ijeoma Okolo at 1516 Beach Ave, Apt. 22, Bronx, New York 10460. SO ORDERED. (As further set forth within this Order.) (Signed by Judge Paul G. Gardephe on 9/30/2015) (ajs)

Date Filed

Document Text

September 30, 2015

Filing 25 ORDER for 24 Report and Recommendations, 17 Motion for Judgment on the Pleadings filed by Commissioner of Social Security. This Court adopts Magistrate Judge Freeman's R&R in its entirety and, for the reasons stated therein, (1) grants t he Commissioner's motion for judgment on the pleadings with respect to the Commissioner's decision that Plaintiff is not entitled to a waiver of recovery of the $15,115 overpayment of J.O. 's benefits; (2) construes Plaintiff' ;s opposition to Defendant's motion as a cross-motion for judgment on the pleadings and grants the cross-motion with respect to the Commissioner's decision that Plaintiff is not entitled to a waiver of recovery of the $821 overpayment of her own benefits; (3) remands the case for further proceedings with respect to whether Plaintiff is entitled to a waiver of recovery of the $821 overpayment of Plaintiff's benefits; and (4) otherwise denies the parties' motions. Thi s case is hereby remanded to the Agency for further proceedings consistent with this Order and Magistrate Judge Freeman's R&R. The Clerk of the Court is directed to terminate Dkt. No. 17 and to close this case. The Clerk is further directed to mail a certified copy of this Order to pro se Plaintiff Ijeoma Okolo at 1516 Beach Ave, Apt. 22, Bronx, New York 10460. SO ORDERED. (As further set forth within this Order.) (Signed by Judge Paul G. Gardephe on 9/30/2015) (ajs)

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