ENMRSH, Inc. v. Social Security Administration et al
ORDER by District Judge Judith C. Herrera Adopting 36 Report and Recommendations, granting 17 Plaintiff's Motion to Reverse, reversing the Commissioner's decision without remand. (baw)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
Civ. No. 15‐1077 JCH/GBW
NANCY A. BERRYHILL, Acting
Commissioner of the Social Security
ORDER ADOPTING MAGISTRATE JUDGE’S PROPOSED FINDINGS AND
On November 24, 2015, Plaintiff filed a complaint against Defendant seeking
judicial review of the Social Security Administration’s decision to hold Plaintiff liable
for the recovery of $31,790.24 in funds overpaid to a beneficiary for whom Plaintiff
served as representative payee between 1999 and 2003. Doc. 1; doc. 36 at 5. On June 22,
2016, Plaintiff filed a Motion to Reverse or Remand Agency Decision and a
Memorandum in Support of the Motion. Docs. 17, 18. That motion was fully briefed by
November 30, 2016. See docs. 27, 32, 33. Following a motion hearing on March 14, 2017,
the Magistrate Judge filed his Proposed Findings and Recommended Disposition
(PFRD), in which he recommended granting Plaintiff’s Motion and reversing the
decision of the Social Security Administration without remand. Docs. 35, 36. Neither
party has filed objections to the PFRD, and, upon review of the record, I concur with the
Magistrate Judge’s analysis and accompanying proposed findings and
recommendations. In particular, the Court agrees with the Magistrate Judge’s
recommendation that the passage of more than fourteen years since the overpayments
occurred plus Plaintiff’s undisputed proper use of all funds on behalf of the beneficiary
together counsel in favor of reversal rather than remand.
Wherefore, IT IS HEREBY ORDERED that the Magistrate Judge’s Proposed
Findings and Recommended Disposition (doc. 36), is ADOPTED. Plaintiff’s motion is
GRANTED and the Commissioner’s decision is hereby REVERSED without remand.
Judith C. Herrera
United States District Court Judge
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