Champion v. Colvin

Filing 23

ORDER for 16 Motion for Judgment on the Pleadings filed by Dawn Champion, 22 Report and Recommendations, 18 Motion for Judgment on the Pleadings filed by Carolyn W. Colvin. The Court therefore ADOPTS the thorough and well-reasoned R & R, which recommends that Champions motion for judgment on the pleadings be granted, the Commissioner's cross-motion be denied, and the case be remanded to the Commissioner for further development of the record. Accordingly, this case is REMANDED to the Social Security Administration for further proceedings. The Clerk of Court is directed to terminate the motions at ECF Nos. 16 and 18 and to close the case. (As further set forth in this Order.) (Signed by Judge Analisa Torres on 10/2/2017) (cf)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
DAWN CHAMPION,

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #: _________________
DATE FILED: 10/2/2017

Plaintiff,
-againstCOMMISSIONER OF SOCIAL SECURITY,

16 Civ. 4723 (AT) (RLE)
ORDER

Defendant.
ANALISA TORRES, District Judge:
Having received no objection to the Honorable Judge Ellis’ September 14, 2017 report
and recommendation (the “R & R”), ECF No. 22, the Court reviewed the R & R and found “no
clear error on the face of the record.” Santana v. United States, 476 F. Supp. 2d 300, 302
(S.D.N.Y. 2007) (quoting Nelson v. Smith, 618 F. Supp. 1186, 1189 (S.D.N.Y. 1985)).
The Court therefore ADOPTS the thorough and well-reasoned R & R, which
recommends that Champion’s motion for judgment on the pleadings be granted, the
Commissioner’s cross-motion be denied, and the case be remanded to the Commissioner for
further development of the record. Accordingly, this case is REMANDED to the Social Security
Administration for further proceedings. The Clerk of Court is directed to terminate the motions
at ECF Nos. 16 and 18 and to close the case.
SO ORDERED.
Dated: October 2, 2017
New York, New York