Pepe v. Saul
- Analisa Torres
- 1:20-cv-02717
- U.S. District Court · Southern District of New York
- 1
Pepe v. Kijakazi: Judge Torres remanded the Social Security case after granting Pepe’s motion and denying the Commissioner’s cross-motion.
Paul Michael Pepe and the Social Security Administration; the matter was returned to the administrative law judge for further proceedings.
What happened
In Pepe v. Kijakazi, the court considered a report and recommendation from Magistrate Judge James L. Cott. No party objected to that recommendation.
The court found no clear error and adopted the recommendation in full. It granted Paul Michael Pepe’s motion for judgment on the pleadings, denied the Commissioner’s cross-motion, and sent the matter back to the administrative law judge for further proceedings.
Judge Analisa Torres ordered the remand under sentence four of the Social Security law. The Clerk was directed to terminate the motions, close the case, and mail the order to Pepe, who was representing himself.
The detailed version
- Pepe v. Saul · No. 1:20-cv-02717
- Analisa Torres
- Aug. 6, 2021
Background
The opinion concerns a Social Security case brought by Paul Michael Pepe against Kilolo Kijakazi, the Acting Commissioner of the Social Security Administration. The court’s order adopted a report and recommendation issued by Magistrate Judge James L. Cott.
Court’s Analysis
The parties filed no objections to the report and recommendation. The court therefore reviewed it for clear error, meaning an obvious mistake, and found none. The court adopted the report and recommendation in its entirety.
Ruling
The court granted Pepe’s motion for judgment on the pleadings, denied the Commissioner’s cross-motion for judgment on the pleadings, and remanded the matter for further proceedings before the administrative law judge under sentence four of 42 U.S.C. § 405(g). A sentence-four remand sends the Social Security matter back for additional administrative proceedings. The Clerk of Court was directed to terminate the motions at ECF Nos. 19 and 23, close the case, and mail a copy of the order to Pepe, who was proceeding without a lawyer.
Additional Procedural Detail
The footnote states that, under Federal Rule of Civil Procedure 25(d), Kilolo Kijakazi was substituted for former Commissioner Andrew Saul as the defendant.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.