Cerevka v. Commissioner of the Social Security Administration
- Lewis Liman
- 1:23-cv-11261
- U.S. District Court · Southern District of New York
- 2
In Cerevka v. Commissioner, Judge Liman remanded the benefits decision for reconsideration of medical evidence and further record development.
Susanne Cerevka’s benefits claim and the Social Security Administration’s prior denial decision are affected; the matter returns for the specified reconsideration and record development.
What happened
Susanne Cerevka asked the court to review the Social Security Administration’s final decision denying her application for benefits. She sought to have that decision set aside and the matter sent back for further proceedings.
No party objected to the magistrate judge’s Report and Recommendation. The court found no clear error and adopted the report in full.
Judge Liman granted Cerevka’s motion to remand. The agency must reconsider the medical opinion evidence, including Dr. Ting’s treating relationship with Cerevka, examine what her functioning in structured or lower-stress settings shows about her ability to handle sustained work stress, and develop the record about expected off-task behavior and absences. The court directed the Clerk to close the case.
The detailed version
- Cerevka v. Commissioner of the Social Security Administration · No. 1:23-cv-11261
- Lewis Liman
- Feb. 19, 2025
Background
Susanne Cerevka sought judicial review of the Social Security Administration’s final determination denying her application for benefits under the Social Security Act. She asked the court to vacate the Commissioner’s decision and remand the matter for additional administrative proceedings.
Review of the Report and Recommendation
The court reviewed Magistrate Judge Tarnofsky’s Report and Recommendation. The parties had an opportunity to file objections, but no party objected. Because there were no objections, the court reviewed the recommendation for clear error and found none. The court adopted the Report and Recommendation in its entirety.
Ruling
The court granted Cerevka’s motion to remand for reconsideration of the medical opinion evidence. The remand requires appropriate consideration of Dr. Ting’s treating relationship with Cerevka and careful analysis of whether, and to what extent, her ability to function during brief medical appointments and daily-life activities in lower-stress settings is relevant to her ability to cope with the stress of sustained work activities. The court also directed further development of the record concerning Cerevka’s expected rates of off-task behavior and absences. The Clerk of Court was directed to close the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.