Rivera v. Astrue
Filing
22
MEMO ENDORSEMENT for 21 Report and Recommendations, 16 Motion to Remand filed by Michael J. Astrue, 14 Motion for Judgment on the Pleadings filed by Carmen Rivera. ENDORSEMENT: No objection having been filed or extension requested, the Court adopts the Report as its opinion grants Plaintiff's motion and denies Defendant's cross motion, and remands the case for purpose of calculating benefits. (Signed by Judge Colleen McMahon on 3/10/2014) (tn)
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UNITED ST ATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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CARMEN RIVERA, as Natural Guardian
o/b/o S.M.H., an Infant,
Plaintiff,
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REPORT AND
RECOMMENDATION
- against CAROLYN COLVIN,
Acting Commissioner of Social Security,
Defendant.
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TO THE HONORABLE COLLEEN MCMAHON:
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I. INTRODUCTION
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Plaintiff Carmen Rivera ("Rivera"), on behalf of her daughter S.M.H., seeks federal
judicial review of a decision of the Commissioner of the Social Security Administration (the
"Commissioner"), pursuant to Section 205(g) of the Social Security Act (the "Act"), as amended,
42 U.S.C. § 405(g). On January 11, 2012, Rivera filed a motion for judgment on the pleadings.
(Pl.' s Mem. in Supp. of Mot. for J. on the Pleadings ("Pl. Mem. ").) The Commissioner asked the
Court to deny Rivera's motion, and to remand the case for further administrative proceedings.
(Def. 's Mem. of Law in Supp. of the Comm'r's Mot. for Remand and in Opp'n to Pl. 's Mot. for
J. on the Pleadings ("Def. 's Mem.").) For the reasons set forth below, I recommend that
Rivera's motion be GRANTED, that Defendant's motion be DENIED, and that the case be
remanded solely for the purpose of calculating benefits.
II. BACKGROUND
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Procedural History
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On November 30, 2007, Rivera filed an application for Supplemental Security Income
("SSI") on behalf of S.M.H. with the Social Security Administration (the "SSA"). (Admin.
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