Gonzalez v. Commissioner of Social Security

Filing 22

ORDER ADOPTING R&R for 16 Motion for Judgment on the Pleadings filed by Commissioner of Social Security, 18 Motion for Judgment on the Pleadings filed by Jose Gonzalez, 21 Report and Recommendation. Accordingly, it is hereby: ORDERED th at Plaintiffs Motion is granted and the Commissioner's Motion is denied. The Commissioner's decision is therefore reversed and this case is remanded for rehearing. See 42 U.S.C. § 405(g) ("The court shall have the power to enter, upon the pleadings and transcript of the record, a judgment... reversing the decision of the Commissioner of Social Security, [and] remanding the cause for a rehearing.") The Clerk of Court is respectfully requested to mail a copy of this Order to the Plaintiffs address listed on the docket, terminate the pending Motions, (Dkt. Nos. 16, 18), and close this case. SO ORDERED. (Signed by Judge Kenneth M. Karas on 1/30/2018) (anc)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
JOSE GONZALEZ,
Plaintiff,
No. 16-CV-8445 (KMK) (PED)
V.

ORDER ADOPTING R&R
COMMISSIONER OF SOCIAL SECURITY,
Defendant.

KENNETH M. KARAS, District Judge:
On December 21, 2017, Magistrate Judge Paul E. Davison entered a Report &
Recommendation (the "R&R") recommending that this Court grant Plaintiff's Motion for
Judgment on the Pleadings and deny the Commissioner of Social Security's Motion for
Judgment on the Pleadings, thereby reversing the decision of the Commissioner of Social
Security and remanding the case for rehearing. (Report & Recommendation ("R&R") 30 (Dkt.
No. 21).) In the thorough R&R, Judge Davison provided notice that objections to the R&R were
due within 14 days and that failure to object would preclude later appellate review of any order
of judgment that will be entered. (Id. at 31.) No objections were filed.
Because no objections have been filed, the Court reviews the R&R "only for clear error
on the face of the record." See Brennan v. Colvin, No. 13-CV-6338, 2015 WL 1402204, at *1
(S.D.N.Y. Mar. 25, 2015) (internal quotation marks omitted); see also Iannalo v. Astrue, No. 10CV-7602, 2012 WL 523619, at *1 (S.D.N.Y. Feb. 16, 2012) (same). Having reviewed the R&R
for clear error and finding none, the Court adopts the R&R in its entirety.

Accordingly, it is hereby:
ORDERED that Plaintiffs Motion is granted and the Commissioner's Motion is denied.
The Commissioner's decision is therefore reversed and this case is remanded for rehearing. See
42 U.S.C. § 405(g) ("The court shall have the power to enter, upon the pleadings and transcript
of the record, a judgment ... reversing the decision of the Commissioner of Social Security,
[and] remanding the cause for a rehearing.")
The Clerk of Court is respectfully requested to mail a copy of this Order to the Plaintiffs
address listed on the docket, terminate the pending Motions, (Dkt. Nos. 16, 18), and close this
case.
SO ORDERED.
Dated:

January-~c), 2018
White Plains, New York

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