Bickram v. Commissioner of Social Security

Filing 43

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 42 Report and Recommendations, 17 Motion to Dismiss filed by Commissioner of Social Security. It is hereby ORDERED that the Report and Recommendation, dated June 9, 2021, is ADOPTED in its ent irety. ORDERED that the Parties meet and confer regarding whether this case should be remanded to the Commissioner. The Parties must notify the Court on how they wish to proceed by filing a letter within 14 days of issuance of this Order. SO ORDERED. (Signed by Judge Kenneth M. Karas on 6/29/21) (yv)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
REGINALD BICKRAM,
Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY,

No. 18-CV-1160 (KMK)
ORDER ADOPTING
REPORT & RECOMMENDATION

Defendant.
KENNETH M. KARAS, United States District Judge:
Reginald Bickram (“Plaintiff”) brings this Action pursuant to 42 U.S.C. § 405(g), seeking
judicial review of the final decision of the Commissioner of Social Security (the
“Commissioner” or “Defendant”), which denied his application for disability insurance benefits
and/or supplemental security income benefits. (Dkt. No. 7.) The Commissioner moved to
dismiss the Complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, or in
the alternative, for summary judgment pursuant to Rule 56 of the Federal Rules of Civil
Procedure, on the ground that the Complaint is barred by the time limitation specified in § 205(g)
of the Social Security Act (the “Act”), 42 U.S.C. § 405(g). (Dkt. Nos. 17, 19.)
The case was referred to the Honorable Andrew E. Krause (“Judge Krause”). On June 9,
2021, Judge Krause issued a Report and Recommendation (“R&R”) recommending that the
Commissioner’s Motion be denied. (Dkt. No. 42.) The parties have not filed any objections to
the R&R.1
When no objections are filed, the Court reviews an R&R on a dispositive motion for clear
error. See Andrews v. LeClaire, 709 F. Supp. 2d 269, 271 (S.D.N.Y. 2010); Eisenberg v. New

1

Judge Krause provided notice that, 28 U.S.C. § 636(b)(l) and Rule 72(b) of the Federal
Rules of Civil Procedure, objections to the R&R were due within fourteen days after being
served with a copy. (R&R 14–15.)

Eng. Motor Freight, Inc., 564 F. Supp. 2d 224, 226 (S.D.N.Y. 2008). The Court has reviewed
the R&R and finding no substantive error, clear or otherwise, adopts the R&R.
Accordingly, it is hereby
ORDERED that the Report and Recommendation, dated June 9, 2021, is ADOPTED in
its entirety.
ORDERED that the Parties meet and confer regarding whether this case should be
remanded to the Commissioner. The Parties must notify the Court on how they wish to proceed
by filing a letter within 14 days of issuance of this Order.
SO ORDERED.
Dated:

June 29, 2021
White Plains, New York
KENNETH M. KARAS
United States District Judge