Lanza v. Berryhill
- Analisa Torres
- 1:19-cv-06783
- U.S. District Court · Southern District of New York
- 1
In Lanza v. Berryhill, Judge Torres denied the Commissioner’s motion, granted Lanza’s motion, and remanded the Social Security matter for further proceedings.
Richard F. Lanza’s Social Security matter was sent back to an administrative law judge for further proceedings; the defendant’s motion was denied and Lanza’s motion was granted.
What happened
Lanza v. Berryhill is a Social Security case in which the court considered the parties’ motions for judgment on the pleadings.
No party objected to a magistrate judge’s report and recommendation. The court reviewed that report for clear error, found none, and adopted it in full.
Judge Analisa Torres denied the defendant’s motion, granted the plaintiff’s motion, and sent the matter back to the administrative law judge for further proceedings. The court then closed the case.
The detailed version
- Lanza v. Berryhill · No. 1:19-cv-06783
- Analisa Torres
- Sept. 18, 2020
Background
The opinion concerns a Social Security case brought by Richard F. Lanza against Nancy A. Berryhill, Acting Commissioner of Social Security. The court was asked to rule on the parties’ motions for judgment on the pleadings.
Report and Recommendation
The court received a report and recommendation from Magistrate Judge Robert W. Lehrburger. Because no objections were filed, the court reviewed the report for clear error and found none. The court adopted the report and recommendation in its entirety.
Ruling
The court denied the defendant’s motion for judgment on the pleadings and granted the plaintiff’s motion. It remanded the matter to the administrative law judge under sentence four of 42 U.S.C. § 405(g) for further proceedings consistent with the report and recommendation. The Clerk of Court was directed to terminate the motions at ECF Nos. 13 and 15 and close the case.
What the Opinion Does Not Explain
The order does not describe the underlying reasons for the report and recommendation or the specific issues that the administrative law judge must address on remand.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.