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S.D.N.Y.Substantive rulingFiled Sept. 6, 2022

Jimenez v. Commissioner of Social Security

Judge
Kenneth Karas
Docket
7:21-cv-02030
Court
U.S. District Court · Southern District of New York
Pages
2
Social SecurityCivil Procedure
In one sentence

In Jimenez v. Commissioner of Social Security, Judge Karas adopted a remand recommendation, denied the Commissioner’s motion, and granted Jimenez’s motion in part and denied it in part.

Who this affects

Sandra Jimenez, her son’s application for child Supplemental Security Income, and the Commissioner of Social Security; the matter returns to the Commissioner for further administrative proceedings.

What happened

Sandra Jimenez asked the federal court to review the Commissioner of Social Security’s decision denying her son’s application for child Supplemental Security Income. Both sides asked for judgment based on the court filings.

Judge Andrew E. Krause recommended that Jimenez’s motion be granted in part and denied in part, that the Commissioner’s motion be denied, and that the case be sent back for further administrative proceedings. Neither side objected to that recommendation.

Judge Kenneth M. Karas found no clear error and adopted the recommendation in full. He denied the Commissioner’s motion, granted Jimenez’s motion in part and denied it in part, entered judgment in Jimenez’s favor, and remanded the matter to the Commissioner for further administrative proceedings.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Jimenez v. Commissioner of Social Security · No. 7:21-cv-02030
Judge
Kenneth Karas
Date
Sept. 6, 2022

Background

Sandra Jimenez brought the case under 42 U.S.C. § 405(g), which allows judicial review of a final Social Security decision. She challenged the Commissioner of Social Security’s decision denying her son’s application for child Supplemental Security Income.

The Commissioner moved for judgment on the pleadings under Federal Rule of Civil Procedure 12(c). Jimenez filed a cross-motion for judgment on the pleadings.

Report and Recommendation

The case was referred to Magistrate Judge Andrew E. Krause. On August 18, 2022, Judge Krause recommended that Jimenez’s motion be granted in part and denied in part, that the Commissioner’s motion be denied, that judgment be entered in Jimenez’s favor, and that the case be remanded to the Commissioner for further administrative proceedings.

Neither party filed objections. Because there were no objections, the District Court reviewed the recommendation for clear error. Judge Karas stated that he found no substantive error, clear or otherwise.

Ruling

Judge Karas adopted the Report and Recommendation in its entirety. The court denied the Commissioner’s Motion for Judgment on the Pleadings. It granted in part and denied in part Jimenez’s Cross-Motion for Judgment on the Pleadings, consistent with the recommendation. The court entered judgment in favor of Jimenez and remanded the matter to the Commissioner for further administrative proceedings. The Clerk was directed to terminate the pending motions and close the case.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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