Green v. Commissioner of Social Security
- Valerie Caproni
- 1:22-cv-03554
- U.S. District Court · Southern District of New York
- 4
In Green v. Commissioner, Judge Caproni adopted the recommendation, granted Green’s motion, denied the Commissioner’s motion, and remanded the Social Security claim for further proceedings.
Gladys Green and the Commissioner of Social Security; the remand instructions also direct the Administrative Law Judge handling Green’s administrative proceedings.
What happened
In Green v. Commissioner of Social Security, Gladys Green asked the court to review the Social Security Administration’s denial of her application for supplemental security income. The Commissioner asked for judgment on the pleadings, and Green filed a competing motion.
Magistrate Judge Gary Jones recommended granting Green’s motion, denying the Commissioner’s motion, and sending the case back to the Commissioner for more proceedings. Neither side objected to that recommendation.
Judge Valerie Caproni found no clear error and adopted the recommendation in full. She granted Green’s motion, denied the Commissioner’s motion, and remanded the case, directing the Administrative Law Judge to address the evidence concerning intellectual disorder, examine a possible conflict involving vocational testimony, and complete the proceedings within specified deadlines.
The detailed version
- Green v. Commissioner of Social Security · No. 1:22-cv-03554
- Valerie Caproni
- July 3, 2023
Background
Gladys Green filed a complaint seeking review of the Social Security Administration’s denial of her application for supplemental security income. The Commissioner moved for judgment on the pleadings, which asks the court to decide the case based on the pleadings and the applicable law. Green filed a cross-motion for the same type of judgment.
The case was referred to Magistrate Judge Gary Jones, who issued a report and recommendation on May 22, 2023. He recommended granting Green’s motion, denying the Commissioner’s motion, and remanding the case to the Commissioner for additional proceedings. The parties did not file objections.
Court’s review of the recommendation
Because no objections were filed, Judge Valerie Caproni reviewed the recommendation for clear error on the face of the record. The court stated that clear error exists when the reviewing court has a definite and firm conviction that a mistake was made. After reviewing the recommendation, the court found no clear error and adopted it in full.
Ruling and remand instructions
The court granted Green’s motion for judgment on the pleadings, denied the Commissioner’s cross-motion for judgment on the pleadings, and remanded the case to the Commissioner for additional proceedings.
On remand, the Administrative Law Judge was directed to:
- Address whether the evidence, including Green’s intellectual deficits considered alone or together with other evidence, meets the criteria for an intellectual disorder under the cited Social Security regulation.
- Determine whether a conflict exists between the vocational expert’s opinion that Green could perform a significant number of jobs in the national economy and the Dictionary of Occupational Titles.
- Complete the administrative proceedings within 120 days after remand. If the decision denies benefits and Green appeals, the Commissioner must issue a final decision within 60 days of that appeal.
The court also stated that the parties’ failure to object to the recommendation, after receiving notice of the consequences, precluded appellate review of the decision. The Clerk of Court was directed to enter judgment, remand the matter, terminate the open motions, and close the case.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.