Rojas v. Berryhill

368 F. Supp. 3d 668
CourtDistrict Court, S.D. Illinois
DecidedMarch 15, 2019
Docket17 Civ. 6788 (GBD) (DCF)
StatusPublished
Cited by19 cases

This text of 368 F. Supp. 3d 668 (Rojas v. Berryhill) is published on Counsel Stack Legal Research, covering District Court, S.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rojas v. Berryhill, 368 F. Supp. 3d 668 (S.D. Ill. 2019).

Opinion

GEORGE B. DANIELS, United States District Judge:

Plaintiff Yzi Del Carmen Rojas brings this action against the Acting Commissioner *669of Social Security, Nancy A. Berryhill, seeking disability insurance benefits pursuant to Title II of the Social Security Act ("SSA"), 42 U.S.C. §§ 401 -134, and Supplemental Security Income benefits pursuant to Title XVI of the SSA, 42 U.S.C. §§ 1381 - 1385. Plaintiff disputes the Social Security Administration and reviewing Administrative Law Judge's ("ALJ") determinations that she is not entitled to benefits despite her ailments.1 (See Am. Compl., ECF No. 9, ¶¶ 1, 7.) Plaintiff moves for an order remanding this case for further administrative proceedings pursuant to Federal Rule of Civil Procedure 12(c), (Pl.'s Mot. for Remand for Further Admin. Proceedings, ("Pl.'s Mot. for Remand"), ECF No. 16 ), and Defendant cross-moves for judgment on the pleadings, (Comm'r's Cross Mot. for Judgment on the Pleadings and in Further Supp. of Pl.'s Mot. for Remand for Further Proceedings, ("Def.'s Cross Mot."), ECF No. 18 ). Before this Court is Magistrate Judge Debra C. Freeman's January 30, 2019 Report and Recommendation ("Report," ECF No. 22 ), recommending that Plaintiff's motion for remand be granted and Defendant's cross-motion seeking to affirm the determination be denied (Id. at 57.). This Court ADOPTS Magistrate Judge Freeman's Report in full.

I. LEGAL STANDARDS

A. Report and Recommendations.

A court "may accept, reject, or modify, in whole or in part, the findings or recommendations" set forth in a magistrate judge's report. 28 U.S.C. § 636(b)(1)(C). The court must review de novo the portions of a magistrate judge's report to which a party properly objects. Id. Portions of a magistrate judge's report to which no or "merely perfunctory" objections are made are reviewed for clear error. See Edwards v. Fischer , 414 F.Supp.2d 342, 346-47 (S.D.N.Y. 2006) (citation omitted). Clear error is present only when "upon review of the entire record, [the court is] left with the definite and firm conviction that a mistake has been committed." United States v. Snow , 462 F.3d 55, 72 (2d Cir. 2006) (citation omitted).

Because the parties have not filed written objections in this action, this Court reviews the Report for clear error.

B. Rule 12(c) Judgment on the Pleadings.

A party may move for judgment on the pleadings "if, from the pleadings, the moving party is entitled to judgment as a matter of law." Burns Int'l Sec. Serv., Inc. v. Int'l Union, United Plant Guard Workers , 47 F.3d 14, 16 (2d Cir. 1995) ; see also Fed. R. Civ. P. 12(c). The standard for addressing a motion for judgment on the pleadings pursuant to Rule 12(c) is the same as the standard used in evaluating a motion to dismiss under Rule 12(b)(6). See, e.g., L-7 Designs, Inc. v. Old Navy, LLC , 647 F.3d 419, 429 (2d Cir. 2011) ; Bank of New York v. First Millennium, Inc. , 607 F.3d 905, 922 (2d Cir. 2010). To survive a Rule 12(c) motion, "a complaint must contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face.' " Ashcroft v. Iqbal , 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (quoting Bell Atl. Corp. v. Twombly , 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) ).

C. Review of the ALJ's Decision

In reviewing a denial of social security benefits, a district court must determine whether the decision is "supported *670by substantial evidence[.]" Schaal v. Apfel , 134 F.3d 496, 501 (2d Cir. 1998) (citing Beauvoir v. Chater , 104 F.3d 1432, 1433 (2d Cir. 1997) ). Remand to the ALJ is appropriate "[w]hen there are gaps in the administrative record or the ALJ has applied an improper legal standard." Atkinson v. Barnhart , 87 F. App'x 766, 768 (2d Cir. 2004) (quoting Pratts v. Chater ,

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