Latifu v. Social Security
- Kenneth Karas
- 7:21-cv-00884
- U.S. District Court · Southern District of New York
- 2
Latifu v. Social Security: Judge Karas granted Latifu’s motion, denied the Commissioner’s cross-motion, and remanded the disability-benefits case for further proceedings.
Assana Latifu and the Commissioner of Social Security; the case was sent back to the Commissioner for further administrative proceedings.
What happened
Assana Latifu asked the Southern District of New York to review the Commissioner of Social Security’s decision denying her application for disability insurance benefits and/or supplemental security income benefits in Assana Latifu v. Commissioner of Social Security.
Latifu and the Commissioner each asked for judgment based on the pleadings. A magistrate judge recommended granting Latifu’s motion and denying the Commissioner’s motion, and neither party objected to that recommendation.
Judge Kenneth M. Karas adopted the recommendation in its entirety, granted Latifu’s motion, denied the Commissioner’s cross-motion, entered judgment for Latifu, and remanded the matter to the Commissioner for further administrative proceedings.
The detailed version
- Latifu v. Social Security · No. 7:21-cv-00884
- Kenneth Karas
- Aug. 2, 2022
Background
Assana Latifu brought an action under 42 U.S.C. § 405(g) seeking judicial review of the Commissioner of Social Security’s final decision denying her application for disability insurance benefits and/or supplemental security income benefits.
Motions and Report
Latifu moved for judgment on the pleadings under Rule 12(c) of the Federal Rules of Civil Procedure. The Commissioner filed a cross-motion for judgment on the pleadings. The case was referred to Magistrate Judge Judith C. McCarthy, who issued a Report and Recommendation on May 4, 2022. The recommendation was to grant Latifu’s motion and deny the Commissioner’s cross-motion. Neither party filed objections.
Court’s Review and Ruling
Because there were no objections, the court reviewed the Report and Recommendation for clear error. Judge Kenneth M. Karas stated that he found no substantive error and adopted the recommendation in its entirety. The court granted Latifu’s Motion for Judgment on the Pleadings, denied the Commissioner’s Cross-Motion for Judgment on the Pleadings, entered judgment in Latifu’s favor, and remanded the matter to the Commissioner for further administrative proceedings. The Clerk was directed to terminate the pending motions and close the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.