Brito v. Commissioner of Social Security
- Kenneth Karas
- 7:19-cv-10631
- U.S. District Court · Southern District of New York
- 2
In Brito v. Commissioner of Social Security, Judge Karas denied the Commissioner’s motion and remanded Brito’s disability-benefits case for further proceedings.
Deyanira Brito and the Commissioner of Social Security; the case returns to the Commissioner for further administrative proceedings concerning Brito’s application for disability insurance benefits and/or supplemental security income benefits.
What happened
In Brito v. Commissioner of Social Security, Deyanira Brito sought review of the Commissioner’s decision denying her application for disability insurance benefits and/or supplemental security income benefits. The Commissioner asked for judgment based on the written filings, and Brito did not oppose the motion.
The case was referred to Judge Andrew E. Krause, who recommended denying the Commissioner’s motion and sending the matter back for further administrative proceedings. Neither party objected to that recommendation. The opinion says the court reviewed it for clear error and found no substantive error.
Judge Kenneth M. Karas adopted the recommendation in full, denied the Commissioner’s motion for judgment on the pleadings, entered judgment for Brito, and remanded the matter to the Commissioner for further administrative proceedings. The court also directed the clerk to close the case.
The detailed version
- Brito v. Commissioner of Social Security · No. 7:19-cv-10631
- Kenneth Karas
- Mar. 30, 2022
Background
Deyanira Brito brought the case under 42 U.S.C. § 405(g), which allows a federal court to review a final decision by the Commissioner of Social Security. She sought review of the denial of her application for disability insurance benefits and/or supplemental security income benefits.
The Commissioner moved for judgment on the pleadings under Rule 12(c) of the Federal Rules of Civil Procedure. A judgment-on-the-pleadings motion asks the court to decide the case based on the pleadings and the law. Brito did not file an opposition or a cross-motion.
Report and Recommendation
The case was referred to Judge Andrew E. Krause. On January 26, 2022, Judge Krause issued a report and recommendation advising that the Commissioner’s motion be denied. Neither party filed objections.
Because there were no objections, the district court reviewed the report and recommendation for clear error. The court stated that it found no substantive error, whether clear or otherwise, and adopted the report and recommendation.
Ruling
The court denied the Commissioner’s motion for judgment on the pleadings. It entered judgment in favor of Brito and remanded the matter to the Commissioner for further administrative proceedings. The court also directed the clerk to terminate the pending motion, mail Brito a copy of the order, and close the case.
The order does not explain the specific underlying reason for the recommended remand beyond adopting the report and recommendation in its entirety.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.