Green v. Commissioner of Social Security
- Valerie Caproni
- 1:22-cv-03554
- U.S. District Court · Southern District of New York
- 2
In Green v. Commissioner, Judge Caproni granted Green’s motion, denied the Commissioner’s motion, and sent the case back for further proceedings.
Gladys Green and the Commissioner of Social Security; the remand also directs the Administrative Law Judge handling Green’s claim.
What happened
In Green v. Commissioner of Social Security, Gladys Green sought judicial review of the Commissioner’s decision. The court adopted the magistrate judge’s report and recommendation in full.
The court granted Green’s motion for judgment on the pleadings and denied the Commissioner’s cross-motion. It remanded the case to the Commissioner for additional proceedings rather than ending the benefits review.
Judge Valerie Caproni directed the Administrative Law Judge to consider whether Green’s intellectual deficits met the regulatory criteria for an intellectual disorder, examine any conflict between the vocational expert’s testimony and the Dictionary of Occupational Titles, and complete the proceedings within specified deadlines. The court closed the case after entering judgment and remanding it.
The detailed version
- Green v. Commissioner of Social Security · No. 1:22-cv-03554
- Valerie Caproni
- July 5, 2023
Background
Gladys Green brought this Social Security case against the Commissioner of Social Security. The judgment states that the court’s ruling was based on its July 3, 2023 Order and a magistrate judge’s report and recommendation (an R&R). The judgment itself does not include the underlying administrative decision or the full reasoning in the R&R.
Rulings
The court adopted the R&R in full. It granted Green’s motion for judgment on the pleadings, which asks the court to decide the case based on the administrative record and the parties’ written submissions. It denied the Commissioner’s cross-motion for judgment on the pleadings. The court remanded the case to the Commissioner for additional proceedings.
Instructions 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, met the criteria for an intellectual disorder under 20 C.F.R. Part 404, Subpart P, Appendix 1, § 12.05.
- Determine whether there was a conflict 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 denied Green benefits and she appealed, the Commissioner was directed to issue a final decision within 60 days of that appeal.
The court also stated that the parties’ failure to object to the R&R, despite receiving adequate warning, waived further appellate review of the magistrate judge’s decision. Judgment was entered, the matter was remanded, and the case was closed.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.