Picardi v. Commissioner of Social Security
- Lewis Liman
- 1:20-cv-05315
- U.S. District Court · Southern District of New York
- 2
In Picardi v. Commissioner, Judge Liman adopted the recommendation, granted Picardi judgment on the pleadings, denied the Commissioner’s motion, and remanded the matter.
Robert Picardi and the Commissioner of Social Security; the matter was sent back to the Commissioner for further proceedings.
What happened
In Picardi v. Commissioner of Social Security, Magistrate Judge Fox recommended granting Robert Picardi’s motion for judgment on the pleadings and denying the Commissioner’s opposing motion.
Neither party objected to the recommendation within the allowed 14-day period. The court therefore reviewed the recommendation for clear error and found none.
Judge Liman adopted the recommendation in full, granted Picardi’s motion, denied the Commissioner’s motion, and remanded the matter to the Commissioner. The clerk was directed to close the case and terminate all pending motions.
The detailed version
- Picardi v. Commissioner of Social Security · No. 1:20-cv-05315
- Lewis Liman
- Nov. 4, 2021
Background
On October 18, 2021, Magistrate Judge Fox issued a Report and Recommendation. It recommended granting Robert Picardi’s motion for judgment on the pleadings and denying the Commissioner of Social Security’s cross-motion for judgment on the pleadings.
Review of the Recommendation
The parties had 14 days to file written objections, but neither party filed any. Because there were no objections, the district court reviewed the Report and Recommendation for clear error rather than conducting a new, independent review of the disputed issues. The court reviewed the record and found no clear error.
Ruling
Judge Lewis J. Liman adopted the Report and Recommendation in its entirety. The court granted Picardi’s motion for judgment on the pleadings, denied the Commissioner’s motion for judgment on the pleadings, and remanded the matter to the Commissioner. The clerk was directed to close the case and terminate all pending motions. This order does not describe the underlying Social Security dispute or the specific reasons for the recommended remand beyond adopting the Report and Recommendation.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.