Gutierrez v. Commissioner of Social Security
- James Oetken
- 1:21-cv-03211
- U.S. District Court · Southern District of New York
- 2
In Gutierrez v. Kijakazi, Judge Oetken denied the Commissioner’s motion, granted Gutierrez’s motion, and remanded the disability case.
Ricardo Gutierrez and the Social Security Administration’s Commissioner; the case returns to the Commissioner for further administrative proceedings.
What happened
In Gutierrez v. Kilolo Kijakazi, Ricardo Gutierrez challenged the Social Security Administration’s final decision that he was not disabled and therefore was not entitled to Supplemental Security Income.
A magistrate judge recommended denying the Commissioner’s motion for judgment on the pleadings, granting Gutierrez’s cross-motion, and sending the case back for further administrative proceedings. Because no party timely objected, the court reviewed the recommendation for clear error and found none.
Judge J. Paul Oetken adopted the recommendation in full. The court denied the Commissioner’s motion, granted Gutierrez’s cross-motion, remanded the case to the Commissioner for further administrative proceedings, and closed the case.
The detailed version
- Gutierrez v. Commissioner of Social Security · No. 1:21-cv-03211
- James Oetken
- Nov. 9, 2022
Background
Ricardo Gutierrez sued the Acting Commissioner of the Social Security Administration to challenge the agency’s final decision finding that he was not disabled for purposes of receiving Supplemental Security Income.
Report and Recommendation
On September 29, 2022, Magistrate Judge Valerie Figueredo recommended that the court deny the Commissioner’s motion for judgment on the pleadings, grant Gutierrez’s cross-motion for judgment on the pleadings, and remand the case to the Commissioner for further administrative proceedings.
Review and Ruling
Neither party timely objected to the recommendation. Under the applicable procedure, the court therefore reviewed the recommendation for clear error, meaning an obvious mistake in the record. The court found no clear error and adopted the report and recommendation in full.
The court denied the Commissioner’s motion for judgment on the pleadings, granted Gutierrez’s cross-motion for judgment on the pleadings, and remanded the case to the Commissioner for further administrative proceedings. The Clerk of Court was directed to close the motions at Docket Numbers 17 and 24 and close the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.