Rios v. Saul
- Kenneth Karas
- 7:20-cv-04369
- U.S. District Court · Southern District of New York
- 2
In Rios v. Kijakazi, Judge Karas adopted the recommendation, denied Rios’s request, granted the Commissioner’s motion, and closed the case.
Marisel Rios and the Social Security Commissioner; the ruling upheld the Commissioner’s position in this case and ended the federal court action.
What happened
In Rios v. Kijakazi, Marisel Rios asked the court to review the Social Security Commissioner’s denial of her application for disability insurance benefits and/or supplemental security income. She asked for a remand, meaning another administrative review, or a judgment in her favor based on the court filings.
The Commissioner opposed Rios’s request and asked for judgment based on the pleadings, meaning a decision based on the parties’ written submissions. A magistrate judge recommended denying Rios’s motion and granting the Commissioner’s motion. Neither side objected to that recommendation.
Judge Kenneth M. Karas reviewed the recommendation for clear error, found none, and adopted it in full. He denied Rios’s motion, granted the Commissioner’s cross-motion, entered judgment for the Commissioner, terminated the pending motions, and closed the case.
The detailed version
- Rios v. Saul · No. 7:20-cv-04369
- Kenneth Karas
- Aug. 31, 2022
Background
Marisel Rios brought this action under 42 U.S.C. § 405(g), which permits judicial review of a final decision by the Social Security Commissioner. She sought review of the decision denying her application for disability insurance benefits and/or supplemental security income benefits.
Rios filed a motion to remand the matter for further administrative proceedings and/or for judgment on the pleadings. The Commissioner filed a cross-motion for judgment on the pleadings. The opinion notes that Kilolo Kijakazi was substituted for Andrew Saul as the defendant under Federal Rule of Civil Procedure 25(d).
Report and Recommendation
The case was referred to Magistrate Judge Andrew E. Krause. On August 8, 2022, Judge Krause recommended denying Rios’s motion and granting the Commissioner’s motion. Neither party filed objections.
Because there were no objections, the court reviewed the recommendation for clear error. The court stated that it reviewed the recommendation and found no substantive error, clear or otherwise.
Ruling
Judge Kenneth M. Karas adopted the Report and Recommendation in its entirety. The court denied Rios’s motion to remand and/or for judgment on the pleadings, granted the Commissioner’s cross-motion for judgment on the pleadings, and ordered that judgment be entered in favor of the Commissioner. The court directed the Clerk of Court 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.