Roman v. Commissioner of Social Security

Filing 26

ORDER for 24 Report and Recommendations. ORDER for 24 Report and Recommendations. I therefore adopt the Report and Recommendation in its entirety. Defendant's motion is GRANTED, and this case is remanded pursuant to sentence four o f 42 U.S.C. § 405(g) for further proceedings consistent with the Report and Recommendation. The Clerk's Office is respectfully directed to terminate all open motions, and to enter judgment remanding this case to the Commissioner of Social Security. (Signed by Judge Vernon S. Broderick on 2/13/2019) (ks) Transmission to Docket Assistant Clerk for processing. Transmission to Orders and Judgments Clerk for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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LUIS ROMAN,
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Plaintiff,
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- against :
COMMISSIONER OF SOCIAL SECURITY, :
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Defendant. :
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2/13/2019

17-CV-2804 (VSB) (DCF)
ORDER

Appearances:
Luis Roman
Pro se Plaintiff
Susan Colleen Branagan
U.S. Attorney’s Office for the Southern District of New York
New York, New York
Counsel for Defendant
VERNON S. BRODERICK, United States District Judge:
Plaintiff Luis Roman brings this action seeking judicial review of the final decision of the
Acting Commissioner of Social Security (“Defendant”), denying Plaintiff Social Security
disability insurance benefits under Title II of the Social Security Act on the ground that
Plaintiff’s impairments did not constitute a disability for purposes of the Act. This case was
referred to Magistrate Judge Debra C. Freeman for a report and recommendation on the motion.
(Doc. 8.)
On December 20, 2017, Defendant moved to remand the action for further proceedings,
(Doc. 19), but Plaintiff did not file a response or otherwise respond to the motion. Before me is

Judge Freeman’s May 9, 2018 Report and Recommendation, (Doc. 24), which recommends that
Defendant’s motion to remand the action for further proceedings be granted.
A district 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). “To accept the report
and recommendation of a magistrate, to which no timely objection has been made, a district
court need only satisfy itself that there is no clear error on the face of the record.” Nelson v.
Smith, 618 F. Supp. 1186, 1189 (S.D.N.Y. 1985).
Here, although the Report and Recommendation provided that “the parties shall have
fourteen (14) days from service of this Report to file written objections,” (Doc. 24 at 19), neither
party has filed an objection. I have reviewed Judge Freeman’s thorough and well-reasoned
Report and Recommendation for clear error and, after careful review, find none. I therefore
adopt the Report and Recommendation in its entirety.
Defendant’s motion is GRANTED, and this case is remanded pursuant to sentence four
of 42 U.S.C. § 405(g) for further proceedings consistent with the Report and Recommendation.
The Clerk’s Office is respectfully directed to terminate all open motions, and to enter
judgment remanding this case to the Commissioner of Social Security.
SO ORDERED.
Dated: February 13, 2019
New York, New York
______________________
Vernon S. Broderick
United States District Judge

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