Anderson v. Commissioner of Social Security

• Court: District Court, S.D. New York
• Decided: March 29, 2022
• Docket: 1:20-cv-06462
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

MAYDINE ANDERSON, Plaintiff, 20-CV-6462 (JPO) -v- ORDER ADOPTING REPORT AND COMMISSIONER OF SOCIAL RECOMMENDATION SECURITY, Defendant.

J. PAUL OETKEN, District Judge: Plaintiff filed this social security appeal seeking review of a decision under Sections 205(g) and 1631(c)(3) of the Social Security Act, 42 U.S.C. §§ 405(g), 1383(c)(3). The parties moved for judgment on the pleadings. (Dkt. No. 24; Dkt. No. 25.) The action was referred to Magistrate Judge Ona T. Wang for a report and recommendation. (Dkt. No. 14.) Judge Wang issued a Report and Recommendation (the “Report”), recommending that Plaintiff’s motion for judgment on the pleadings be granted, and the Commissioner’s cross-motion for judgment on the pleadings be denied. (Dkt. No. 26.) The Court has reviewed the Report. No party filed a timely objection to the Report; therefore the Court reviews it for clear error. See Fed. R. Civ. P. 72(b), Advisory Committee’s Notes (1983) (“When no timely objection is filed, the court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.”); see also Borcsok v. Early, 299 F. App’x 76, 77 (2d Cir. 2008). Magistrate Judge Wang’s well-reasoned Report presents no such errors and is therefore fully adopted by this Court. Accordingly, the case is remanded for further proceedings pursuant to 42 U.S.C. § 405(g). The Clerk of Court is directed to close the motions at Docket Number 24 and 25. SO ORDERED. Dated: March 29, 2022 New York, New York

| J. PAUL OETKEN United States District Judge