Nieves v. Commissioner of Social Security
- Clarke
- 1:23-cv-00005
- U.S. District Court · Southern District of New York
- 2
In Nieves v. Commissioner of Social Security, Judge Clarke reversed the denial of Supplemental Security Income and remanded for onset-date and benefit calculations.
Migdalia Nieves and the Commissioner of Social Security; the Commissioner must provide Supplemental Security Income beginning November 5, 2020, determine the exact disability onset date, and calculate benefits.
What happened
In Nieves v. Commissioner of Social Security, Migdalia Nieves asked the court to review the Commissioner’s decision denying her application for Supplemental Security Income. A magistrate judge recommended reversing that decision and sending the case back to determine when her disability began and to calculate benefits.
Neither side filed objections to the recommendation or asked for more time. The court therefore found that the parties had given up their right to object or seek appellate review, but it independently reviewed the recommendation and found it well supported.
Judge Jessica G. L. Clarke adopted the recommendation in full, reversed the Commissioner’s decision, and ordered Supplemental Security Income for Nieves beginning November 5, 2020. The case was sent back to the Commissioner to determine the exact onset date, which could be earlier, and to calculate benefits.
The detailed version
- Nieves v. Commissioner of Social Security · No. 1:23-cv-00005
- Clarke
- Mar. 7, 2024
Background
Migdalia Nieves brought this Social Security case to seek judicial review of the Commissioner of Social Security’s final decision denying her application for Supplemental Security Income. The case had been referred to Magistrate Judge Moses, who issued a Report and Recommendation on February 18, 2024.
Report and Recommendation and objections
The magistrate judge recommended that the Commissioner’s decision be reversed and that the case be remanded, meaning sent back to the Commissioner, for two limited purposes: determining the onset date of Nieves’s disability and calculating benefits.
The parties were given fourteen days to object and were warned that failing to object would waive their right to object. No objections or requests for additional time were filed. The district court stated that this waived the parties’ right to object to the recommendation or obtain appellate review. Even so, the court reviewed the petition and recommendation and found the recommendation well reasoned and supported by the facts and law.
Ruling
Judge Jessica G. L. Clarke adopted the Report and Recommendation in its entirety. The court reversed the Commissioner’s decision and directed the Commissioner to provide Nieves Supplemental Security Income for the period beginning November 5, 2020. The court remanded the case to the Commissioner to determine the exact onset date, which could be earlier than November 5, 2020, and to calculate benefits.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.