Ortiz v. Commissioner of Social Security
- Alison Nathan
- 1:20-cv-05715
- U.S. District Court · Southern District of New York
- 2
In George Ortiz v. Commissioner, Judge Nathan adopted the recommendation, granted Ortiz’s motions, denied the Commissioner’s motion, and remanded the case.
George Ortiz and the Commissioner of Social Security; the case was sent back for further administrative proceedings.
What happened
George Ortiz challenged a Social Security decision. Magistrate Judge Netburn recommended granting Ortiz’s motion for judgment on the pleadings and denying the Commissioner’s cross-motion.
No party objected by the February 8, 2022 deadline. The court therefore reviewed the recommendation for clear error and found none.
Judge Nathan adopted the recommendation in full, granted Ortiz’s motions for judgment on the pleadings, denied the Commissioner’s motion, and remanded the case for further administrative proceedings. The clerk was ordered to close the case.
The detailed version
- Ortiz v. Commissioner of Social Security · No. 1:20-cv-05715
- Alison Nathan
- Mar. 9, 2022
Background
The court considered Magistrate Judge Netburn’s January 25, 2022 Report and Recommendation. It recommended granting George Ortiz’s motion for judgment on the pleadings under Rule 12(c), which allows a court to decide a case based on the pleadings, and denying the Commissioner of Social Security’s cross-motion. The opinion does not state the specific grounds described in Judge Netburn’s recommendation.
Review of the Recommendation
The deadline for objections was February 8, 2022. No objections were filed. Because there were no timely objections, the court reviewed the recommendation for clear error—whether the record left the court with a firm conviction that a mistake had been made. The court found no clear error.
Ruling
The court adopted Judge Netburn’s Report and Recommendation in its entirety. It granted Ortiz’s motions for judgment on the pleadings, denied the Commissioner’s motion, and remanded the case for further administrative proceedings on the grounds described by Judge Netburn. The clerk of court was ordered to close the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.