Cardoso-Navarrete v. Berryhill

Cardoso-Navarrete v. Berryhill

Plaintiff:	Gaspar Cardoso-Navarrete
Defendant:	Nancy A. Berryhill
Case Number:	7:2017cv02446
Filed:	April 5, 2017
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
Presiding Judge:	Andrew J. Peck
Presiding Judge:	Richard J. Sullivan
Nature of Suit:	Retirement and Survivors Benefits
Cause of Action:	42 U.S.C. § 405
Jury Demanded By:	None

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Date Filed	Document Text
March 2, 2018	Filing 26 ORDER ADOPTING REPORT AND RECOMMENDATION for 25 Report and Recommendations, 21 Motion for Judgment on the Pleadings filed by Nancy A. Berryhill, 16 Motion for Judgment on the Pleadings filed by Gaspar Cardoso-Navarrete. "When no obje ctions to a Report and Recommendation are made, the Court may adopt the Report if there is no clear error on the face of the record." Correale-Englehart v. Astrue, 687 F. Supp. 2d 396, 401 (S.D.N.Y. 2010). After conducting a thorough review of the record, the Court concludes that Magistrate Judge Peck's opinion is not facially erroneous - particularly with respect to the ALJ's consideration of Drs. Faskowitz and Figueroa. Accordingly, the Court adopts the Report and Recommendati on, grants Plaintiff's motion for judgment on the pleadings, denies Defendant's motion, vacates the judgment of the ALJ, and remands this matter to allow the ALJ to further develop the record and consider the evidence in a manner consistent with Magistrate Judge Peck's opinion. The Clerk of Court is respectfully directed to terminate the motions pending at docket numbers 16 and 21 and to close this case. (Signed by Judge Richard J. Sullivan on 3/2/2018) (ras)

Date Filed

Document Text

March 2, 2018

Filing 26 ORDER ADOPTING REPORT AND RECOMMENDATION for 25 Report and Recommendations, 21 Motion for Judgment on the Pleadings filed by Nancy A. Berryhill, 16 Motion for Judgment on the Pleadings filed by Gaspar Cardoso-Navarrete. "When no obje ctions to a Report and Recommendation are made, the Court may adopt the Report if there is no clear error on the face of the record." Correale-Englehart v. Astrue, 687 F. Supp. 2d 396, 401 (S.D.N.Y. 2010). After conducting a thorough review of the record, the Court concludes that Magistrate Judge Peck's opinion is not facially erroneous - particularly with respect to the ALJ's consideration of Drs. Faskowitz and Figueroa. Accordingly, the Court adopts the Report and Recommendati on, grants Plaintiff's motion for judgment on the pleadings, denies Defendant's motion, vacates the judgment of the ALJ, and remands this matter to allow the ALJ to further develop the record and consider the evidence in a manner consistent with Magistrate Judge Peck's opinion. The Clerk of Court is respectfully directed to terminate the motions pending at docket numbers 16 and 21 and to close this case. (Signed by Judge Richard J. Sullivan on 3/2/2018) (ras)

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Plaintiff: Gaspar Cardoso-Navarrete
Represented By:	Gary James Gogerty
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Defendant: Nancy A. Berryhill
Represented By:	Allison Rovner
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