Blackman v. Commissioner of Social Security
- Paul Engelmayer
- 1:12-cv-03901
- U.S. District Court · Southern District of New York
- 3
In Blackman v. Commissioner of Social Security, Judge Engelmayer denied Blackman’s motion to reopen the closed Social Security case.
Amirah Blackman’s request to reopen and reconsider the closed Social Security case was denied; the Commissioner of Social Security remained the defendant, and the case remained closed.
What happened
Blackman v. Commissioner of Social Security began when Amirah Blackman, representing herself, challenged a Social Security decision. The court previously sent the matter back for further administrative proceedings, and the case was closed after judgment was entered.
After the Social Security Administration adopted a later decision, Blackman asked the court to reconsider and reopen the case. A magistrate judge recommended denying the request because it did not follow the agency’s instructions for challenging the later decision. Blackman objected, asserting that the instructions had been followed and that discrimination had occurred.
Judge Paul A. Engelmayer found the objections conclusory and found no clear error in the recommendation. He adopted the recommendation in full, denied the motion to reopen, kept the case closed, and stated that the court did not expect or invite further filings.
The detailed version
- Blackman v. Commissioner of Social Security · No. 1:12-cv-03901
- Paul Engelmayer
- Nov. 7, 2019
Background
Amirah Blackman, proceeding without a lawyer, appealed a September 14, 2011 decision by the Commissioner of Social Security. In February 2013, the parties signed a stipulation and order sending the matter back to the Commissioner for additional administrative proceedings under 42 U.S.C. § 405(g). The Clerk then entered judgment, and the case was closed.
After that remand, an administrative law judge issued a second decision on January 31, 2018, which the Social Security Administration adopted. On March 26, 2019, Blackman filed a letter in the closed case titled “Motion for Reconsideration to Reopen Case.”
Report and Recommendation
Magistrate Judge Kevin N. Fox recommended denying the motion because Blackman had not followed the Social Security Administration’s stated instructions for starting a challenge to its January 31, 2018 decision. Blackman objected in four sentences, asserting that the Social Security Administration’s instructions had been followed for more than 10 years and that discrimination had occurred for more than 10 years.
Court’s Analysis
The district court explained that it reviews specific objections to a magistrate judge’s recommendation independently. When objections are only general or conclusory, the court reviews the recommendation for clear error, meaning an obvious error on the face of the record. The court found Blackman’s objections conclusory and unsupported. It also found that the second objection largely repeated the earlier discrimination argument. After reviewing the record, the court found no clear error in Judge Fox’s conclusions.
Disposition
The court accepted and adopted Judge Fox’s October 25, 2019 Report and Recommendation in its entirety. Judge Paul A. Engelmayer denied Blackman’s motion for reconsideration to reopen the case. The case remained closed, and the court stated that it did not expect or invite further filings from the parties.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.