Kimbrough v. Commissioner of Social Security
- Analisa Torres
- 1:20-cv-06785
- U.S. District Court · Southern District of New York
- 1
Kimbrough v. Kijakazi: Judge Torres granted Kimbrough’s motion, denied the Commissioner’s motion, and sent the case back for further proceedings.
Thomasina Kimbrough and the Social Security administration; the case was returned to the administrative law judge for further proceedings.
What happened
In Kimbrough v. Commissioner of Social Security, the court considered a magistrate judge’s report and recommendation after receiving no objections. The opinion does not describe the underlying Social Security dispute.
The court found no clear error, adopted the report and recommendation in full, granted Thomasina Kimbrough’s motion for judgment based on the pleadings, and denied the Commissioner’s cross-motion. It remanded the matter to the administrative law judge for further proceedings under the specified provision of federal law.
Judge Analisa Torres entered the order on March 29, 2022. She directed the Clerk of Court to terminate the two motions and close the case.
The detailed version
- Kimbrough v. Commissioner of Social Security · No. 1:20-cv-06785
- Analisa Torres
- Mar. 29, 2022
Background
Thomasina Kimbrough sued Kilolo Kijakazi, identified in the caption as the Acting Commissioner of Social Security. The opinion addresses a report and recommendation from Magistrate Judge Debra C. Freeman. No party filed objections, and the order does not state the underlying facts or the specific Social Security issue presented.
Court’s Review
Because there were no objections, the court reviewed the report and recommendation for clear error. It found no clear error and adopted the report and recommendation in its entirety.
Ruling and Effect
The court granted Kimbrough’s motion for judgment on the pleadings, meaning a motion asking the court to decide the case based on the parties’ written pleadings. It denied the Commissioner’s cross-motion for judgment on the pleadings. The court remanded the matter to the administrative law judge for further proceedings under sentence four of 42 U.S.C. § 405(g). The Clerk of Court was directed to terminate the motions listed at ECF Nos. 23 and 25 and close the case.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.