Rivera v. Commissioner of the Social Security Administration
- Lewis Liman
- 1:19-cv-04630
- U.S. District Court · Southern District of New York
- 2
In Rivera v. Commissioner of the Social Security Administration, Judge Liman adopted a recommendation, granted Rivera’s motion, and ordered further administrative proceedings.
Samuel I. Rivera and the Commissioner of the Social Security Administration; the case was sent back for further proceedings before the administrative law judge.
What happened
In Rivera v. Commissioner of the Social Security Administration, Magistrate Judge Moses recommended granting Samuel I. Rivera’s motion for judgment on the pleadings and sending the case back to the administrative law judge for further proceedings.
Neither party filed objections within the fourteen-day period. The district court therefore reviewed the recommendation for clear error and found none.
Judge Lewis J. Liman adopted the recommendation in full, granted Rivera’s motion for judgment on the pleadings, and directed the Clerk of Court to close the case.
The detailed version
- Rivera v. Commissioner of the Social Security Administration · No. 1:19-cv-04630
- Lewis Liman
- Jan. 14, 2021
Background
On December 30, 2020, Magistrate Judge Moses issued a Report and Recommendation. It recommended that the court grant Samuel I. Rivera’s motion for judgment on the pleadings and remand the case to the administrative law judge for further proceedings. A motion for judgment on the pleadings asks the court to decide the case based on the parties’ written submissions and the existing record.
Review of the Recommendation
The parties were given fourteen days to submit written objections, but neither party filed any. When no timely objection is filed, the district court reviews the magistrate judge’s recommendation for clear error, meaning an obvious mistake in the findings or recommendations. The court reviewed the record and the Report and Recommendation and found no clear error.
Ruling
Judge Lewis J. Liman adopted the Report and Recommendation in its entirety and granted Rivera’s motion for judgment on the pleadings. Because the adopted recommendation called for remanding the case to the administrative law judge for further proceedings, the case was sent back for that purpose. The Clerk of Court was directed to close the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.