Cotto v. Commissioner of Social Security
- Vernon Broderick
- 1:20-cv-09383
- U.S. District Court · Southern District of New York
- 3
In Cotto v. Commissioner, Judge Broderick adopted a report finding substantial evidence supported denying Nancy Cotto’s supplemental security income claim and ordered judgment for the Commissioner.
Nancy Cotto and the Commissioner of Social Security; the ruling left the Commissioner’s denial of Cotto’s supplemental security income application in place.
What happened
Cotto v. Commissioner of Social Security concerned Nancy Cotto’s request for judicial review of the Commissioner’s decision denying her application for supplemental security income. Cotto represented herself, and the Commissioner was represented by counsel.
The Commissioner moved for judgment on the pleadings. Cotto did not oppose the motion, including after a magistrate judge gave her additional time to respond. The magistrate judge recommended granting the motion, finding that the Commissioner’s decision was supported by substantial evidence. Neither party objected to that recommendation.
Judge Broderick reviewed the recommendation for clear error, found none, and adopted it in its entirety. The court directed that judgment be entered for the Commissioner, terminated open motions, and closed the case.
The detailed version
- Cotto v. Commissioner of Social Security · No. 1:20-cv-09383
- Vernon Broderick
- May 26, 2022
Background
Nancy Cotto filed the action seeking judicial review of the Commissioner of Social Security’s final decision denying her application for supplemental security income under Title XVI of the Social Security Act. The opinion identifies Cotto as a self-represented plaintiff.
Proceedings
The Commissioner moved for judgment on the pleadings, a motion asking the court to decide the case based on the parties’ written submissions. Cotto filed no opposition. Magistrate Judge Robert W. Lehrburger later ordered her to file any response by January 17, 2022, but she did not do so.
On March 30, 2022, Judge Lehrburger issued a Report and Recommendation. The report found that the Commissioner’s decision was supported by substantial evidence and recommended granting the Commissioner’s motion and entering judgment for the Commissioner. The report gave the parties fourteen days to object, but neither party objected or requested more time.
Ruling
Judge Vernon S. Broderick explained that, when no timely objection is filed, a district court reviews a magistrate judge’s recommendation for clear error on the face of the record. After reviewing the report, Judge Broderick found no clear error and adopted the Report and Recommendation in its entirety.
The court therefore directed the Clerk’s Office to enter judgment in accordance with the order, terminate any open motions, and close the case. The opinion does not state a separate disposition using the word “affirmed,” but it adopts the finding that the Commissioner’s decision was supported by substantial evidence and directs judgment for the Commissioner.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.