CASSANDRA v. COMMISSIONER OF SOCIAL SECURITY (2022)

ORDER ON REPORT & RECOMMENDATION

On May 19, 2021, plaintiff Cassandra G.¹ (“plaintiff” or “claimant”) filed this action seeking review of the final decision of defendant Commissioner of Social Security (“Commissioner” or “defendant”) denying her application for Supplemental Security Income (“SSI”) under the Social Security Act (the “Act”). Dkt. No. 1.

After the Commissioner filed a certified copy of the Administrative Record, Dkt. No. 9, both parties briefed the matter in accordance with General Order 18, which provides that an appeal taken from a final decision denying benefits will be treated as if the parties have filed cross-motions for a judgment on the pleadings, Dkt. Nos. 14, 17.

On August 16, 2022, U.S. Magistrate Christian F. Hummel advised by Report & Recommendation (“R&R”) that plaintiff's motion for a judgment on the pleadings be granted, the Commissioner's motion for a judgment on the pleadings be denied, the Commissioner's decision be reversed, and that this matter be remanded for further administrative proceedings. Dkt. No. 18.

Neither party has filed objections, and the time period in which to do so has expired. See Dkt. No. 18. Upon review for clear error, the R&R will be accepted and adopted in all respects. See Fed. R. Civ. P. 72(b).

Therefore, it is

ORDERED that

1. The Report & Recommendation is ACCEPTED;

2. Plaintiff's motion for a judgment on the pleading is GRANTED;

3. The Commissioner's motion for a judgment on the pleadings is DENIED;

4. The Commissioner's decision is REVERSED and VACATED; and

5. This matter is REMANDED for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g).

IT IS SO ORDERED.

FOOTNOTES

1.   In accordance with a May 1, 2018 memorandum issued by the Judicial Conference's Committee on Court Administration and Case Management and adopted as local practice in this District, only claimant's first name and last initial will be mentioned in this opinion.

DAVID N. HURD, United States District Judge