Pichardo v. Commissioner of Social Security

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

Pichardo v. Commissioner of Social Security

Plaintiff:	Johanna M. Pichardo
Defendant:	Commissioner of Social Security
Case Number:	1:2017cv06908
Filed:	September 11, 2017
Court:	US District Court for the Southern District of New York
Office:	White Plains Office
Presiding Judge:	Paul E. Davison
Presiding Judge:	Nelson Stephen Roman
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
October 26, 2018	Filing 16 ORDER AND OPINION for 14 Report and Recommendations, 11 Motion for Judgment on the Pleadings filed by Commissioner of Social Security. For the reasons stated above, the Court adopts MJ Davison's R & R in its entirety. Defendant's M otion for Judgment on the Pleadings is GRANTED to the extent that the ALJ's determination that Plaintiff was not without fault in causing the overpayment(s) is supported by substantial evidence. The Court, however, agrees with MJ Davison that th e motion must be DENIED to the extent of remanding the matter back to the SSA for a determination, supported by substantial evidence, as to the amount of the overpayment. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 11, to remand the matter for further proceedings consistent with this Opinion, to mail a copy of this Opinion to Plaintiff, and to show proof of service on the docket. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 10/26/2018) (ne) Transmission to Docket Assistant Clerk for processing. Transmission to Orders and Judgments Clerk for processing.

Date Filed

Document Text

October 26, 2018

Filing 16 ORDER AND OPINION for 14 Report and Recommendations, 11 Motion for Judgment on the Pleadings filed by Commissioner of Social Security. For the reasons stated above, the Court adopts MJ Davison's R & R in its entirety. Defendant's M otion for Judgment on the Pleadings is GRANTED to the extent that the ALJ's determination that Plaintiff was not without fault in causing the overpayment(s) is supported by substantial evidence. The Court, however, agrees with MJ Davison that th e motion must be DENIED to the extent of remanding the matter back to the SSA for a determination, supported by substantial evidence, as to the amount of the overpayment. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 11, to remand the matter for further proceedings consistent with this Opinion, to mail a copy of this Opinion to Plaintiff, and to show proof of service on the docket. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 10/26/2018) (ne) Transmission to Docket Assistant Clerk for processing. Transmission to Orders and Judgments Clerk for processing.

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Plaintiff: Johanna M. Pichardo
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Defendant: Commissioner of Social Security
Represented By:	Vernon Norwood
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