Ramirez v. Commissioner of Social Security
- Vernon Broderick
- 1:23-cv-05806
- U.S. District Court · Southern District of New York
- 2
In Ramirez v. Commissioner, Judge Broderick adopted a recommendation remanding Ramirez’s disability-benefits case to the Commissioner for further proceedings.
Jesenia Ramirez and the Commissioner of Social Security; the case returns to the Commissioner for further proceedings.
What happened
In Jesenia Ramirez v. Commissioner of Social Security, Ramirez asked the federal court to review the Commissioner’s decision denying her application for Disability Insurance Benefits. The court had referred the case to Magistrate Judge Barbara Moses, and Ramirez filed a motion for judgment on the pleadings.
Judge Moses recommended remanding the case to the Commissioner for further proceedings. Neither side objected to that recommendation. Judge Broderick reviewed it for clear error and found none.
Judge Vernon S. Broderick adopted the recommendation in full. He directed the Clerk of Court to enter judgment consistent with the order, end any open motions, and close the case.
The detailed version
- Ramirez v. Commissioner of Social Security · No. 1:23-cv-05806
- Vernon Broderick
- June 18, 2024
Background
Jesenia Ramirez sought judicial review of the Commissioner of Social Security’s final decision denying her application for Disability Insurance Benefits. The court referred the case to Magistrate Judge Barbara Moses. Ramirez then filed a motion for judgment on the pleadings, meaning a request for judgment based on the parties’ written submissions. The Commissioner opposed the motion, and Ramirez filed a reply.
Report and Recommendation
Judge Moses issued a Report and Recommendation on May 31, 2024, recommending that the case be remanded to the Commissioner for further proceedings. The parties had 14 days to file objections, but neither party objected or requested more time.
Ruling
Because there were no objections, Judge Vernon S. Broderick reviewed the Report and Recommendation for clear error on the face of the record. He found no clear error and adopted the Report and Recommendation in its entirety. The court directed the Clerk of Court to terminate any open motions, enter judgment in accordance with the order, and close the case. The order does not describe the specific issues that led Judge Moses to recommend remand.
Disposition
The action was remanded to the Commissioner for further proceedings.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.