Carr v. Commissioner of Social Security
||Commissioner of Social Security
||July 22, 2016
||US District Court for the Southern District of New York
||Foley Square Office
||Vernon S. Broderick
|Nature of Suit:
||Supplemental Security Income
|Cause of Action:
||42 U.S.C. § 405
|Jury Demanded By:
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|July 12, 2018
OPINION AND ORDER re: 16 MOTION for Judgment on the Pleadings . filed by Commissioner of Social Security, 11 MOTION for Judgment on the Pleadings . filed by Kevin Carr. I have reviewed the remainder of Magistrate Ju dge Francis's thorough Report and Recommendation for clear error and find none. Therefore, I adopt the Report in its entirety. Plaintiff's motion for judgment on the pleadings, (Doc. 11), is GRANTED, and the Commissioner's cross-moti on for judgment on the pleadings, (Doc. 16), is DENIED and this case is remanded pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings consistent with the Report and Recommendation. The Clerk of Court is respectfully directed to terminate the open motions and close the case. SO ORDERED. (Signed by Judge Vernon S. Broderick on 7/12/2018) (rro)
|May 11, 2017
REPORT AND RECOMMENDATION re: 16 MOTION for Judgment on the Pleadings filed by Commissioner of Social Security; 11 MOTION for Judgment on the Pleadings filed by Kevin Carr. For these reasons, I recommend denying the Commissioner's motion for judgment on the pleadings, granting the plaintiff's motion for judgment on the pleadings, an remanding this case to the Social Security Administration for further proceedings pursuant to the fourth sentence of 42 U.S.C. § 405(g). Pursuant to 28 U.S.C. § 636(b)(1) and Rules 72, 6(a), and 6(d) of the Federal Rules of Civil Procedure, the parties shall have fourteen (14) days from this date to file written objectionsto this Report and Recommendation. Such objections shall be filed with the Clerk of the Court, with extra copies delivered to the Chambers of the Honorable Vernon S. Broderick, Room 415, 40 Foley Square, New York, New York 10007, and to the Chambers of the undersigned, Room 1960, 500 Pearl Street, New York, New York 10007. Failure to file timely objections will preclude appellate review. (Objections to R&R due by 5/25/2017.) (Signed by Magistrate Judge James C. Francis on 5/11/2017) Copies Transmitted this Date By Chambers. (anc)
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