Cardoso-Navarrete v. Berryhill

Filing 26

ORDER ADOPTING REPORT AND RECOMMENDATION for 25 Report and Recommendations, 21 Motion for Judgment on the Pleadings filed by Nancy A. Berryhill, 16 Motion for Judgment on the Pleadings filed by Gaspar Cardoso-Navarrete. "When no obje ctions to a Report and Recommendation are made, the Court may adopt the Report if there is no clear error on the face of the record." Correale-Englehart v. Astrue, 687 F. Supp. 2d 396, 401 (S.D.N.Y. 2010). After conducting a thorough review of the record, the Court concludes that Magistrate Judge Peck's opinion is not facially erroneous - particularly with respect to the ALJ's consideration of Drs. Faskowitz and Figueroa. Accordingly, the Court adopts the Report and Recommendati on, grants Plaintiff's motion for judgment on the pleadings, denies Defendant's motion, vacates the judgment of the ALJ, and remands this matter to allow the ALJ to further develop the record and consider the evidence in a manner consistent with Magistrate Judge Peck's opinion. The Clerk of Court is respectfully directed to terminate the motions pending at docket numbers 16 and 21 and to close this case. (Signed by Judge Richard J. Sullivan on 3/2/2018) (ras)