Tsachalis v. Commissioner of Social Security
- Vernon Broderick
- 1:19-cv-01535
- U.S. District Court · Southern District of New York
- 3
In Tsachalis v. Commissioner of Social Security, Judge Broderick adopted an unchallenged recommendation and granted judgment on the pleadings for the Commissioner.
Violette Ishoo Tsachalis’s challenge to the denial of Disability Insurance Benefits was resolved in favor of the Commissioner of Social Security; the case was closed.
What happened
Violette Ishoo Tsachalis asked the court to review the Commissioner of Social Security’s decision denying her application for Disability Insurance Benefits. The Commissioner asked for judgment on the pleadings, which is a decision based on the parties’ written filings.
A magistrate judge recommended granting the Commissioner’s motion. Neither side objected to that recommendation.
Judge Vernon S. Broderick reviewed the recommendation for clear error, found none, adopted it in full, and granted the Commissioner’s motion for judgment on the pleadings. The court directed the clerk to close the case.
The detailed version
- Tsachalis v. Commissioner of Social Security · No. 1:19-cv-01535
- Vernon Broderick
- May 1, 2020
Background
Violette Ishoo Tsachalis brought an action under Section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), seeking judicial review of the Commissioner of Social Security’s final decision denying her application for Disability Insurance Benefits. The opinion identifies Tsachalis as representing herself.
The Commissioner moved for judgment on the pleadings under Federal Rule of Civil Procedure 12(c), asking the court to affirm the Commissioner’s final decision. Judge Broderick had referred the case to Magistrate Judge Sarah L. Cave, who issued a Report and Recommendation on March 5, 2020, recommending that the Commissioner’s motion be granted.
Review of the Report and Recommendation
Neither party filed objections. The court therefore reviewed the Report and Recommendation for clear error, meaning an obvious mistake in the magistrate judge’s findings or recommendations. Judge Broderick stated that the report was thorough and well reasoned and found no clear error.
Ruling
Judge Vernon S. Broderick adopted the Report and Recommendation in its entirety and granted the Commissioner’s motion for judgment on the pleadings. The opinion does not repeat the report’s detailed reasoning. The clerk was directed to terminate any open motions and close the case, and to mail a copy of the order to Tsachalis.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.