Juliao v. Saul
- Kenneth Karas
- 7:21-cv-05225
- U.S. District Court · Southern District of New York
- 2
In Juliao v. Kijakazi, Judge Karas adopted the recommendation, denied Juliao’s motion, granted the Commissioner’s motion, and closed the case.
Jannette Juliao, whose challenge to the denial of Social Security benefits was resolved against her, and the Acting Commissioner of Social Security, who received judgment in her favor.
What happened
In Juliao v. Kijakazi, Jannette Juliao asked the court to review the Social Security Commissioner’s decision denying her application for disability insurance benefits and/or supplemental security income. Both sides asked for judgment based on the court record.
A magistrate judge recommended granting the Commissioner’s motion and denying Juliao’s motion. Neither side objected. The district court reviewed the recommendation for clear error and found none.
Judge Kenneth M. Karas adopted the recommendation in full, denied Juliao’s motion, granted the Acting Commissioner’s motion, entered judgment for the Acting Commissioner, and closed the case.
The detailed version
- Juliao v. Saul · No. 7:21-cv-05225
- Kenneth Karas
- Aug. 2, 2022
Background
Jannette Juliao sought judicial review under 42 U.S.C. § 405(g) of the Social Security Commissioner’s final decision denying her application for disability insurance benefits and/or supplemental security income. Juliao and the Acting Commissioner each filed a motion for judgment on the pleadings, which asks the court to decide the case based on the existing pleadings and record rather than after a trial.
The case was referred to Magistrate Judge Paul E. Davison. On July 7, 2022, Judge Davison issued a Report and Recommendation advising the district court to grant the Commissioner’s motion and deny Juliao’s motion. The parties did not file objections.
Court’s review and ruling
Because there were no objections, the district court reviewed the recommendation for clear error. The court stated that it had reviewed the recommendation and found no substantive error. It therefore adopted the recommendation in its entirety.
The court ordered that Juliao’s motion for judgment on the pleadings was denied, the Acting Commissioner’s motion was granted, and judgment was entered in favor of the Acting Commissioner. The Clerk was directed to terminate the pending motions and close the case.
Result
The order resolved the Social Security appeal in favor of the Acting Commissioner. The opinion’s caption names Kilolo Kijakazi as the defendant and explains that she replaced former Commissioner Andrew Saul.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.