Wynter v. Berryhill
- Analisa Torres
- 1:19-cv-05592
- U.S. District Court · Southern District of New York
- 1
In Wynter v. Berryhill, Judge Analisa Torres denied the Commissioner’s motion for judgment on the pleadings and remanded the Social Security matter for further development.
Diana Wynter and the Social Security administrative process concerning her matter.
What happened
In Wynter v. Berryhill, the court received no objections to a magistrate judge’s report and recommendation. Judge Analisa Torres reviewed that recommendation for clear error and found none.
The court adopted the recommendation in full. It denied the defendant’s motion for judgment on the pleadings and sent the matter back to the administrative law judge to further develop the record, including identifying the physician who completed an unattributed medical opinion from Montefiore Medical Center.
Judge Analisa Torres also directed the administrative law judge to reconsider all aspects of the determination in light of any new information, although the court found no error concerning the plaintiff’s other arguments. The clerk was directed to terminate the listed motions and close the case.
The detailed version
- Wynter v. Berryhill · No. 1:19-cv-05592
- Analisa Torres
- Sept. 18, 2020
Background
Diana Wynter brought this Social Security matter against Nancy A. Berryhill, Acting Commissioner of Social Security. The opinion concerns the court’s review of a magistrate judge’s report and recommendation. No party filed objections.
Court’s Review
Because there were no objections, the court reviewed the report and recommendation for clear error, meaning an obvious mistake. Judge Analisa Torres found no clear error and adopted the report and recommendation in its entirety.
Ruling and Remand
The court denied the defendant’s motion for judgment on the pleadings. It remanded the matter to the administrative law judge under sentence four of 42 U.S.C. § 405(g). On remand, the administrative law judge must further develop the record to determine the identity of the physician who completed the currently unattributed medical source opinion from Montefiore Medical Center.
The court also stated that, despite finding no error concerning the plaintiff’s other arguments, the administrative law judge should reconsider all aspects of the determination in light of any new information received. The clerk was directed to terminate the motions at ECF Nos. 11 and 15 and close the case.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.