Obenza v. Commissioner of Social Security
- Vernon Broderick
- 1:19-cv-05444
- U.S. District Court · Southern District of New York
- 3
In Obenza v. Commissioner, Judge Broderick granted the Commissioner’s motion, adopted the unchallenged recommendation, and upheld the denial of Disability Insurance Benefits.
Christine Obenza and the Commissioner of Social Security. The court granted the Commissioner’s motion and closed the case, leaving the denial of Obenza’s application for Disability Insurance Benefits upheld.
What happened
Christine Obenza asked the federal court to review the Commissioner of Social Security’s final decision denying her application for Disability Insurance Benefits. She proceeded without a lawyer.
The Commissioner asked for judgment based on the written record. Obenza did not oppose the motion, and Magistrate Judge Steward D. Aaron recommended granting it. Neither party 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 clerk was directed to close the case.
The detailed version
- Obenza v. Commissioner of Social Security · No. 1:19-cv-05444
- Vernon Broderick
- June 3, 2020
Background
Christine Obenza brought the 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.
Procedural history
The court referred the case to Magistrate Judge Steward D. Aaron. The Commissioner moved for judgment on the pleadings under Rule 12(c) of the Federal Rules of Civil Procedure, asking the court to uphold the Commissioner’s final decision. Obenza did not oppose the motion. Judge Aaron issued a Report and Recommendation advising that the motion be granted. Neither party filed an objection.
When no party objects to a magistrate judge’s report and recommendation, the district court reviews it for clear error. Judge Broderick stated that he conducted that review and found no clear error.
Ruling
Judge Broderick adopted the Report and Recommendation in its entirety and granted the Commissioner’s motion for judgment on the pleadings. The clerk was directed to terminate any open motions and close the case. The clerk was also directed to mail a copy of the order to Obenza.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.