Davis v. Berryhill

Filing 26

ORDER ADOPTING REPORT AND RECOMMENDATION for 17 Motion for Judgment on the Pleadings filed by Dana N Davis, 21 Motion for Judgment on the Pleadings filed by Nancy A. Berryhill, 18 Motion for Judgment on the Pleadings filed by Dana N Davis, 25 Report and Recommendations. After careful consideration, on March 1, 2019, Judge Wang issued a Report and Recommendation ("R&R"), proposing that Plaintiff's motion for a remand be granted and Defendant's motion for judgmen t on the pleadings be denied. (As further set forth in this Order.) The Court, therefore, ADOPTS Judge Wang's R&R in its entirety. Accordingly, this case is remanded to the Social Security Administration for further proceedings pursuant to 42 U.S.C. § 405(g). The Clerk of Court is directed to terminate the motions at ECF Nos. 17, 18, and 21, and close the case. (Signed by Judge Analisa Torres on 3/18/2019) (cf) Transmission to Orders and Judgments Clerk for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
DANA N. DAVIS,

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #: _________________
DATE FILED: 3/18/2019

Plaintiff,
-againstNANCY A. BERRYHILL, ACTING COMMISSIONER
OF SOCIAL SECURITY,

17 Civ. 7052 (AT) (OTW)
ORDER ADOPTING
REPORT AND
RECOMMENDATION

Defendant.
ANALISA TORRES, District Judge:
On September 15, 2017, Plaintiff Dana N. Davis, filed this action pursuant to 42 U.S.C. §
405(g) challenging the final decision of Defendant, the Acting Commissioner of Social Security,
to deny her Disability Insurance Benefits. ECF No. 1. On September 18, 2017, the Court
referred the matter to the Honorable Andrew J. Peck. ECF No. 7. On March 5, 2018, the case
was reassigned to the Honorable Ona T. Wang. On June 7, 2018, Plaintiff moved for a reversal
of the Commissioner’s decision or, in the alternative, a remand for further administrative
proceeds. ECF Nos. 17, 18. On July 30, 2018, Defendant moved for judgment on the pleadings.
ECF No. 21.
After careful consideration, on March 1, 2019, Judge Wang issued a Report and
Recommendation (“R&R”), proposing that Plaintiff’s motion for a remand be granted and
Defendant’s motion for judgment on the pleadings be denied. ECF No. 25. Despite notification
of the right to object to the R&R, no objections were filed, and the time to do so has passed. See
Fed. R. Civ. P. 72(b)(2). When no objection is made, the Court reviews the R&R for clear error.
Santiago v. Colvin, 12 Civ. 7052, 2014 WL 1092967, at *1 (S.D.N.Y. Mar. 17, 2014). The
Court finds no clear error. The Court, therefore, ADOPTS Judge Wang’s R&R in its entirety.
Accordingly, this case is remanded to the Social Security Administration for further proceedings
pursuant to 42 U.S.C. § 405(g).
The Clerk of Court is directed to terminate the motions at ECF Nos. 17, 18, and 21, and
close the case.
SO ORDERED.
Dated: March 18, 2019
New York, New York