Perrone v. Commissioner of Social Security
- Laura Swain
- 1:19-cv-05171
- U.S. District Court · Southern District of New York
- 2
In Perrone v. Commissioner of Social Security, Judge Swain reversed the agency decision and remanded the matter for further proceedings.
Joseph Perrone and the Commissioner of Social Security; the matter was returned to the Commissioner for further proceedings.
What happened
Perrone v. Commissioner of Social Security concerned Joseph Perrone’s challenge to an April 1, 2019 decision by the Commissioner of Social Security. Magistrate Judge Ona T. Wang recommended granting Perrone’s request for judgment on the pleadings, denying the Commissioner’s opposing request, and sending the matter back to the Commissioner.
Neither side objected to the recommendation. The district court therefore reviewed it for clear error and found none, meaning it found no obvious mistake in the recommendation.
Judge Laura Taylor Swain adopted the recommendation in full, reversed the Commissioner’s decision, and remanded the matter to the Commissioner for further proceedings under federal law. The order also directed the clerk to enter judgment.
The detailed version
- Perrone v. Commissioner of Social Security · No. 1:19-cv-05171
- Laura Swain
- May 14, 2021
Background
Joseph Perrone sued the Commissioner of Social Security concerning the Commissioner’s April 1, 2019 decision. Magistrate Judge Ona T. Wang issued a November 18, 2020 Report and Recommendation recommending that the court grant Perrone’s motion for judgment on the pleadings, deny the Commissioner’s cross-motion for judgment on the pleadings, and remand the matter to the Commissioner under Section 405(g) of Title 42 of the United States Code for further proceedings.
Review of the Recommendation
No objections to the Report and Recommendation were filed. When no timely objection is made, the district court reviews the recommendation to determine whether there is clear error on the face of the record. After carefully reviewing Magistrate Judge Wang’s recommendation, the court found no clear error.
Ruling
The court adopted the Report and Recommendation in its entirety. It reversed the Commissioner’s April 1, 2019 decision and remanded the matter to the Commissioner under sentence four of Section 405(g) for further proceedings consistent with the recommendation. The order resolved docket entries 15 and 19 and directed the clerk to enter judgment.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.