Wiggins v. Commissioner of Social Security

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

Wiggins v. Commissioner of Social Security

Plaintiff:	Denise Wiggins
Defendant:	Commissioner of Social Security
Case Number:	1:2015cv02895
Filed:	April 7, 2015
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Bronx
Presiding Judge:	Vernon S. Broderick
Presiding Judge:	Kevin Nathaniel Fox
Nature of Suit:	Disability Insurance
Cause of Action:	42 U.S.C. § 405
Jury Demanded By:	None

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Date Filed	Document Text
November 10, 2016	Filing 44 ORDER for 36 Motion for Judgment on the Pleadings filed by Denise Wiggins, 43 Report and Recommendations. Before me is Judge Fox's August 2, 2016 Report and Recommendation, (Doc. 43), 11/10/2016 which recommends that Plaintiff's m otion for judgment on the pleadings be granted, the ALJ'sdecision be reversed and the case remanded, and Defendant's motion to dismiss be denied. (As further set forth in this Order.) Here, although the Report and Recommendation provided that the parties shall have fourteen (14) days from the service of this Report to file written objections," (Report and Recommendation 15), neither party has filed an objection. I have reviewed Judge Fox's thorough and well-reasoned Repor t and Recommendation for clear error and, after careful review, find none. I therefore adopt the Report and Recommendation in its entirety. Judgment on the pleadings is granted in favor of Plaintiff, the ALJ's decision is reversed, and this c ase is remanded pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings consistent with the Report and Recommendation. The Clerks Office is respectfully directed to terminate all open motions, and to enter judgment remanding this case. (Signed by Judge Vernon S. Broderick on 11/10/2016) (cf)

Date Filed

Document Text

November 10, 2016

Filing 44 ORDER for 36 Motion for Judgment on the Pleadings filed by Denise Wiggins, 43 Report and Recommendations. Before me is Judge Fox's August 2, 2016 Report and Recommendation, (Doc. 43), 11/10/2016 which recommends that Plaintiff's m otion for judgment on the pleadings be granted, the ALJ'sdecision be reversed and the case remanded, and Defendant's motion to dismiss be denied. (As further set forth in this Order.) Here, although the Report and Recommendation provided that the parties shall have fourteen (14) days from the service of this Report to file written objections," (Report and Recommendation 15), neither party has filed an objection. I have reviewed Judge Fox's thorough and well-reasoned Repor t and Recommendation for clear error and, after careful review, find none. I therefore adopt the Report and Recommendation in its entirety. Judgment on the pleadings is granted in favor of Plaintiff, the ALJ's decision is reversed, and this c ase is remanded pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings consistent with the Report and Recommendation. The Clerks Office is respectfully directed to terminate all open motions, and to enter judgment remanding this case. (Signed by Judge Vernon S. Broderick on 11/10/2016) (cf)

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Plaintiff: Denise Wiggins
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Defendant: Commissioner of Social Security
Represented By:	John E. Gura, Jr
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