Green v. Commissioner of Social Security

Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATION for 15 Report and Recommendations, 8 Motion for Judgment filed by Commissioner of Social Security. Having found Judge Maas's analysis to be correct and appropriate upon de novo review, see Fed. R. Civ . P. 72(b), the Report and Recommendation is hereby adopted. Accordingly, the Commissioner's motion [dkt. no. 8] is granted in part and denied in part. The case is remanded solely to develop the record below and resolve the apparently inconsiste nt findings with respect to Plaintiff's residual functional capacity ("RFC") and the availability of jobs consistent with that RFC. The Clerk of the Court shall mark this action closed and all pending motions denied as moot. The Court shall retain jurisdiction over this matter, however, for the purpose of any appeal from further findings by the Administrative Law Judge. (Signed by Judge Loretta A. Preska on 7/25/2012) Copies Mailed By Chambers. (lmb)

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MA11EDTO~
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

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USDCSDNY
DOCUMENT
ELECfRONlCALLY FILED
DOC#:
DATE FILE-n-:-'-1-;f--(t'....j./"!'-1
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GEORGE R. GREEN,
08 Ci v. 8435 (LAP)

(FM)

Plaintiff,
ORDER ADOPTING REPORT &
RECOMMENDATION

v.
MICHAEL J. ASTRUE ,
Commissioner,
Defendant.

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LORETTA A. PRESKA, Chief United States District Judge:
Plaintiff brought this action pursuant to Section
205(g) of the Social Security Act, 42 U.S.C.

§

405(g), to

seek review of the Social Security Administration denying
his application for disability insurance benefits.

The

Commissioner has moved for judgment on the pleadings
pursuant to Fed. R. Civ. P. 12(c).

On April 24, 2012,

Magistrate Judge Maas issued an exhaustive Report and
Recommendation, concluding that the Commissioner's motion
should be granted in part and denied in part.

To date, the

Court has received no objections from either party.
Having found Judge Maas's analysis to be correct and
appropriate upon de novo review, see Fed. R. Civ. P. 72(b),
the Report and Recommendation is hereby adopted.
Accordingly, the Commissioner's motion [dkt. no. 8] is
granted in part and denied in part.

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The case is remanded

solely to develop the record below and resolve the
apparently inconsistent findings with respect to
Plaintiff's residual functional capacity (uRFeR) and the
availability of jobs consistent with that RFC.
The Clerk of the Court shall mark this action closed
and all pending motions denied as moot.

The Court shall

retain jurisdiction over this matter, however, for the
purpose of any appeal from further findings by the
Administrative Law Judge.

SO ORDERED.

Dated:

JUlY~,

2012

LORETTA A. PRESKA
Chief U.S. District Judge

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