Morgan v. Saul

Filing 27

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 14 Motion for Summary Judgment filed by Crystal R Morgan, 26 Report and Recommendations, 21 Motion for Judgment on the Pleadings filed by Andrew Saul. It is hereby: ORDERED that the Report an d Recommendation, dated July 8, 2022, is ADOPTED in its entirety. ORDERED that Plaintiff's Motion for Judgment on the Pleadings is granted. ORDERED that Defendant's Cross-Motion for Judgment on the Pleadings is denied. ORDERED that judgmen t be entered in favor of Plaintiff, and that this matter be remanded to the Commissioner for further administrative proceedings. The Clerk of Court is respectfully requested to terminate the pending Motions, (Dkt. Nos. 14, 21), and close this case. SO ORDERED. (Signed by Judge Kenneth M. Karas on 8/2/22) (yv) Transmission to Orders and Judgments Clerk for processing.

Case 7:21-cv-00340-KMK-JCM Document 27 Filed 08/02/22 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
CRYSTAL R. MORGAN,
Plaintiff,
v.
KILOLO KIJAKAZI, ACTING
COMMISSIONER OF SOCIAL
SECURITY, 1

No. 21-CV-340 (KMK)
ORDER ADOPTING REPORT &
RECOMMENDATION

Defendant.
KENNETH M. KARAS, District Judge:
Crystal R. Morgan (“Plaintiff”) brings this Action pursuant to 42 U.S.C. § 405(g),
seeking judicial review of the final decision of the now-former Commissioner of Social
Security, who has since been replaced by the Acting Commissioner of Social Security (the
“Acting Commissioner” or “Defendant”), which denied her application for disability
insurance benefits and/or supplemental security income benefits. (Dkt. No. 1.) Plaintiff and
the Acting Commissioner cross-move for judgment on the pleadings pursuant to Rule 12(c)
of the Federal Rules of Civil Procedure. (Dkt. Nos. 14, 21.)
The case was referred to the Honorable Judith C. McCarthy (“Judge McCarthy”).
On July 8, 2022, Judge McCarthy issued a Report and Recommendation (“R&R”)
recommending that the Court grant Plaintiff’s Motion and deny the Commissioner’s Cross

1

Kilolo Kijakazi became the Acting Commissioner on July 9, 2021. She is substituted
for the former Commissioner, Andrew Saul, Pursuant to Fed. R. Civ. P. 25(d).

Case 7:21-cv-00340-KMK-JCM Document 27 Filed 08/02/22 Page 2 of 2

Motion. (Dkt. No. 26.) The Parties did not file any objections to the R&R. 2
“When no objections are filed, the Court reviews an R&R on a dispositive motion
for clear error.” Disla v. Comm’r of Soc. Sec., No. 20-CV-6663, 2022 WL 1063067, at *1
(S.D.N.Y. Mar. 30, 2022); see also Brito v. Comm’r of Soc. Sec., No. 19-CV-10631, 2022
WL 1002698, at *1 (S.D.N.Y. Mar. 30, 2022) (same); Bickram v. Comm’r of Soc. Sec., No.
18-CV-1160, 2021 WL 2665876, at *1 (S.D.N.Y. June 29, 2021) (same). 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 July 8, 2022, is ADOPTED
in its entirety.
ORDERED that Plaintiff’s Motion for Judgment on the Pleadings is granted.
ORDERED that Defendant’s Cross-Motion for Judgment on the Pleadings is denied.
ORDERED that judgment be entered in favor of Plaintiff, and that this matter be
remanded to the Commissioner for further administrative proceedings.
The Clerk of Court is respectfully requested to terminate the pending Motions, (Dkt.
Nos. 14, 21), and close this case.

SO ORDERED.
DATED:

August 2, 2022
White Plains, New York

____________________________________
KENNETH M. KARAS
UNITED STATES DISTRICT JUDGE

2

Judge McCarthy provided notice that, pursuant to 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 38.)
2