Calderon v. Commissioner of Social Security

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

Calderon v. Commissioner of Social Security

Plaintiff:	Yanina Delcarmen Calderon
Defendant:	Commissioner of Social Security
Case Number:	1:2016cv09002
Filed:	November 18, 2016
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	New York
Presiding Judge:	P. Kevin Castel
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
March 23, 2018	Filing 19 ORDER ADOPTING REPORT AND RECOMMENDATION. The Court has reviewed the R&R and concludes that it is free of clear error. Magistrate Judge Lehrburger thoroughly reviewed the administrative record and identified seven separate bases for remanding this ca se to the Commissioner for further proceedings, including the ALJ's failure to develop a sufficient record and the use of incorrect legal standards. The Court concludes that the R&Rs recommendations are supported by extensive and detailed discus sion of the record and relevant law. Having received no objections to the R&R, the Court adopts its recommendations in their entirety. The Commissioner's motion for judgment on the pleadings is DENIED. (Docket #13) This case is REMANDED pursuant to 42 U.S.C. § 405(g) for further proceedings consistent with the R&R. SO ORDERED. Re 18 Report and Recommendation, 13 Motion for Judgment on the Pleadings filed by Commissioner of Social Security. (Signed by Judge P. Kevin Castel on 3/23/2018) (rjm)

Date Filed

Document Text

March 23, 2018

Filing 19 ORDER ADOPTING REPORT AND RECOMMENDATION. The Court has reviewed the R&R and concludes that it is free of clear error. Magistrate Judge Lehrburger thoroughly reviewed the administrative record and identified seven separate bases for remanding this ca se to the Commissioner for further proceedings, including the ALJ's failure to develop a sufficient record and the use of incorrect legal standards. The Court concludes that the R&Rs recommendations are supported by extensive and detailed discus sion of the record and relevant law. Having received no objections to the R&R, the Court adopts its recommendations in their entirety. The Commissioner's motion for judgment on the pleadings is DENIED. (Docket #13) This case is REMANDED pursuant to 42 U.S.C. § 405(g) for further proceedings consistent with the R&R. SO ORDERED. Re 18 Report and Recommendation, 13 Motion for Judgment on the Pleadings filed by Commissioner of Social Security. (Signed by Judge P. Kevin Castel on 3/23/2018) (rjm)

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Plaintiff: Yanina Delcarmen Calderon
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Defendant: Commissioner of Social Security
Represented By:	Amanda Frances Parsels
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