Ramirez v. Commissioner of Social Security

District Court, S.D. New York

Ramirez v. Commissioner of Social Security

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK --------------------------------------------------------- X : JESENIA RAMIREZ, : : Plaintiff, : : 23-CV-5806 (VSB) - against - : : ORDER COMMISSIONER OF SOCIAL SECURITY, : : Defendant. : : --------------------------------------------------------- X

Appearances:

Daniel Berger Law Office of Daniel Berger Bronx, New York Counsel for Plaintiff

Ariella Renee Zoltan Social Security Administration Office of the General Counsel, Office of Program Litigation Baltimore, Maryland Counsel for Defendant

VERNON S. BRODERICK, United States District Judge: On July 6, 2023, Plaintiff Jesenia Ramirez filed this action seeking judicial review of the final decision of Defendant Commissioner of Social Security (the “Commissioner”) denying her application for Disability Insurance Benefits. After I referred this case to Magistrate Judge Barbara Moses, (Doc. 7), Ramirez filed a motion for judgment on the pleadings, (Doc. 13), and a memorandum of law in support, (Doc. 14). On February 6, 2024, the Commissioner filed its brief in opposition, (Doc. 15), and on March 1, 2024, Ramirez filed her reply, (Doc. 16). Now before the Court is the thorough and well-reasoned Report & Recommendation of Judge Moses, dated May 31, 2024, recommending that this action be remanded to the Commissioner for further proceedings. (Doc. 17.) Neither party has filed any objections to the Report & Recommendation. A district court “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.”

28 U.S.C. § 636

(b)(1). “To accept the report and recommendation of a magistrate, to which no timely objection has been made, a district

court need only satisfy itself that there is no clear error on the face of the record.” Nelson v. Smith,

618 F. Supp. 1186, 1189

(S.D.N.Y. 1985). Although the Report & Recommendation explicitly provided that “[t]he parties shall have 14 days from this date to file written objections to this Report and Recommendation pursuant to

28 U.S.C. § 636

(b)(1) and Fed. R. Civ. P. 72(b)” and warned that “[f]ailure to file timely objections will result in a waiver of such objections and will preclude appellate review,” (Doc. 17 at 36), neither party has filed any objections or requested additional time to do so. Accordingly, I have reviewed Judge Moses’s Report & Recommendation for clear error and, after careful review, find none. I therefore ADOPT the Report & Recommendation in its

entirety. The Clerk of Court is respectfully directed to terminate any open motions, enter judgment in accordance with this Order, and close this case. SO ORDERED. Dated: June 18, 2024 New York, New York ______________________ Vernon S. Broderick United States District Judge

Reference

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