Jimenez v. Commissioner of Social Security
- Kenneth Karas
- 7:21-cv-02030
- U.S. District Court · Southern District of New York
- 2
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.
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
- Jimenez v. Commissioner of Social Security · No. 7:21-cv-02030
- Kenneth Karas
- 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.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.