Pagan Jr. v. Commissioner of Social Security

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

Pagan Jr. v. Commissioner of Social Security

Plaintiff:	Wilson Pagan Jr.
Defendant:	Commissioner of Social Security
Case Number:	1:2016cv03774
Filed:	May 20, 2016
Court:	U.S. District Court for the Southern District of New York
Office:	Foley Square Office
County:	Bronx
Presiding Judge:	Henry B. Pitman
Presiding Judge:	Edgardo Ramos
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 20, 2017	Filing 19 OPINION AND ORDER adopting 15 REPORT AND RECOMMENDATION re: 13 MOTION for Judgment on the Pleadings filed by Commissioner of Social Security, 11 MOTION for Judgment on the Pleadings filed by Wilson Pagan Jr. : Wilson Pagan, Jr. ("Plaintiff") brings this action pursuant to 42 U.S.C. § 405(g), challenging the decision of the Acting Commissioner of Social Security ("Commissioner") denying his application for supplemental security income ("SSI") and disability insurance benefits ("DIB"). Pending before the Court are the parties' cross-motions for judgment on the pleadings, pursuant to Federal Rule of Civil Procedure 12(c). On July 13, 2017, Magistrate Judge Henry Pitman issue d a Report and Recommendation ("R&R"), recommending that Plaintiff's motion be granted and the Commissioner's motion be denied. The Commissioner timely filed objections to the R&R. Having so reviewed Magistrate Judge Pitman's thorough R&R, the Court finds no error, clear or otherwise. Rather, Magistrate Judge Pitman reached his determination after a careful review of the parties' submissions and the administrative record. The Court therefore ADOPTS Magistrate Judge Pitman's recommended judgment regarding the parties' motions for judgment on the pleadings. The case is remanded to the Commissioner for further proceedings consistent with this opinion. (Signed by Judge Edgardo Ramos on 9/19/2017) (jwh)

Date Filed

Document Text

September 20, 2017

Filing 19 OPINION AND ORDER adopting 15 REPORT AND RECOMMENDATION re: 13 MOTION for Judgment on the Pleadings filed by Commissioner of Social Security, 11 MOTION for Judgment on the Pleadings filed by Wilson Pagan Jr. : Wilson Pagan, Jr. ("Plaintiff") brings this action pursuant to 42 U.S.C. § 405(g), challenging the decision of the Acting Commissioner of Social Security ("Commissioner") denying his application for supplemental security income ("SSI") and disability insurance benefits ("DIB"). Pending before the Court are the parties' cross-motions for judgment on the pleadings, pursuant to Federal Rule of Civil Procedure 12(c). On July 13, 2017, Magistrate Judge Henry Pitman issue d a Report and Recommendation ("R&R"), recommending that Plaintiff's motion be granted and the Commissioner's motion be denied. The Commissioner timely filed objections to the R&R. Having so reviewed Magistrate Judge Pitman's thorough R&R, the Court finds no error, clear or otherwise. Rather, Magistrate Judge Pitman reached his determination after a careful review of the parties' submissions and the administrative record. The Court therefore ADOPTS Magistrate Judge Pitman's recommended judgment regarding the parties' motions for judgment on the pleadings. The case is remanded to the Commissioner for further proceedings consistent with this opinion. (Signed by Judge Edgardo Ramos on 9/19/2017) (jwh)

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Plaintiff: Wilson Pagan Jr.
Represented By:	Daniel Berger
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Defendant: Commissioner of Social Security
Represented By:	Lauren Myers
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