Sylcox v. Colvin

Filing 24

ORDER ADOPTING REPORT AND RECOMMENDATION for 20 Motion for Judgment on the Pleadings filed by Carolyn Colvin, 15 Motion for Judgment on the Pleadings filed by Jeni Maria Sylcox, 23 Report and Recommendations. Accordingly, the Court review s the R & R for clear error and finds none. The Court adopts Magistrate Judge Pitman's R & R in its entirety, grants Plaintiff's motion for judgment on the pleadings, denies the Commissioner's motion for judgment on the pleadings, a nd remands this matter for further proceedings before the Social Security Administration. The Clerk of the Court is directed to enter judgment and close this case. (As further set forth in this Order) (Signed by Judge Paul A. Crotty on 9/15/2015) (lmb)

USDC SDi\lY
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DOCUMENT
lI ELECTRONICALLY FILED

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

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JENI MARIA SYLCOX,

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Plaintiff,
ORDER ADOPTING REPORT
AND RECOMMENDATION

-againstCAROLYN W. COLVIN, acting
Commissioner of Social Security,

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14 Civ. 2161 (PAC) (HBP)

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Def ndant.
e ____________________)
________________________________________________ ___

PAUL A. CROTTY, United States District Judge:
Plaintiff Jeni Maria Sylcox alleges that she suffers from numerous physical ailments that
entitle her to Supplemental Security Income benefits. She now seeks judicial review of a final
decision of the Commissioner of Social Security, which denied her application for disability
benefits. She moves for judgment on the pleadings, and the Commissioner cross-moves for
judgment on the pleadings.
On August 13,2015, Magistrate Judge Henry Pitman issued a Report and
Recommendation ("R & R") on both motions. Magistrate Judge Pitman recommends granting
Plaintiffs motion "to the extent of remanding this matter for further proceedings pursuant to
sentence four of 42 U.S.C. § 405(g)." R & Rat 2. This is because the Commissioner's
Administrative Law Judge ("ALJ") erred by giving too much weight to the single decision
maker's ("SDM") assessment and by failing to recontact one of Sylcox's treating physicians, Dr.
Lasky, to fully develop the record. R & Rat 33, 38. Magistrate Judge Pitman finds that remand
is necessary "for the ALJ to reassess the evidence, keeping in mind that the SDM assessment is
not a medical opinion." R & Rat 33. The R & R also finds inaccuracies in the ALI's credibility
analysis and that remand is necessary for the ALJ to reassess Sylcox's credibility. R & Rat 43-

44. Magistrate Judge Pitman notes that on remand, the ALJ will need to reassess Sylcox 's
residual functional capacity, and may need to obtain additional vocational expert testimony. R &
R at 40, 45-46.
The Court may "accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate judge." 28 U. S.C. § 636(b)(1). Where neither party
has made written objections to the report, the Court may adopt the report "so long as there is no
clear error on the face of the record." Feehan v. Feehan, 2011 WL 497776, at * I (S.D.N.Y. Feb.
10, 2011 ). The parties had fourteen days after being served with the R & R to file written
objections. Having failed to file any objections, the parties have waived the right to object.
Grady v. Conway, 2015 WL 5008463, at *3 (S.D.N.Y. Aug. 24, 2015).
Accordingly, the Court reviews the R & R for clear error and finds none. The Court
adopts Magistrate Judge Pitman's R & R in its entirety, grants Plaintiff's motion for judgment on
the pleadings, denies the Commissioner's motion for judgment on the pleadings, and remands
this matter for further proceedings before the Social Security Administration. The Clerk of the
Court is directed to enter judgment and close this case.
SO ORDERED :

PAUL A. CROTTY
United States District Judge
Dated: September 15,2015
New York, New York