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Moore v. Berryhill

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
Mar 22, 2019
2:17-cv-01361 (ADS)(ARL) (E.D.N.Y. Mar. 22, 2019)

Opinion

2:17-cv-01361 (ADS)(ARL)

03-22-2019

CHRISTA A. MOORE, Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of Social Security Defendant.

APPEARANCES: Law Office Charles E. Binder and Harry J. Binder Attorneys for the Plaintiff 485 Madison Ave. Suite 501 New York, NY 10022 By: Charles E. Binder, Esq., Of Counsel. Social Security Administration United States Attorney's Office 610 Federal Plaza Central Islip, NY 11722 By: Sean P. Greene, Esq., Assistant United States Attorney,


MEMORANDUM OF DECISION & ORDER

APPEARANCES: Law Office Charles E. Binder and Harry J. Binder
Attorneys for the Plaintiff
485 Madison Ave. Suite 501
New York, NY 10022

By: Charles E. Binder, Esq., Of Counsel. Social Security Administration
United States Attorney's Office
610 Federal Plaza
Central Islip, NY 11722

By: Sean P. Greene, Esq., Assistant United States Attorney, SPATT, District Judge:

On March 10, 2017, plaintiff Christa Moore (the "Plaintiff") commenced this action pursuant to the Social Security Act, 42 U.S.C. § 405(g) seeking judicial review of a final decision of defendant Nancy A. Berryhill (the "Commissioner" or the "Defendant"), the acting commissioner of the Social Security Administration ("SSA") at the time of filing, which denied her application for disability insurance benefits.

On January 2, 2018, the parties cross-moved for judgment on the pleadings.

On September 26, 2018, the Court referred the cross-motions to United States Magistrate Judge Arlene R. Lindsay, for a recommendation as to whether the cross motions for judgment on the pleadings for either party should be granted, and if so, what relief should be ordered.

On March 7, 2019, Judge Lindsay issued a Report and Recommendation ("R&R") that the Court deny the parties motions and remand the case to the ALJ for further proceedings consistent with the R&R. Specifically, Judge Lindsay found that remand was warranted because the ALJ failed to provide good reasons for declining to assign controlling weight to the treating physicians' opinions and to adequately develop the medical record to clarify ambiguities and/or inconsistencies. Judge Lindsay electronically served a copy of the R&R on all parties the same day.

It has been more than fourteen days since the service of the R&R, and the parties have not filed objections.

As such, pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, this Court has reviewed the R&R for clear error, and finding none, now concurs in both its reasoning and its result. See Coburn v. P.N. Fin., No. 13-CV-1006 (ADS) (SIL), 2015 WL 520346, at *1 (E.D.N.Y. Feb. 9, 2015) (reviewing Report and Recommendation without objections for clear error).

Accordingly, the R&R is adopted in its entirety. This case shall be remanded to the ALJ to develop and clarify his decision as set forth in the R&R. The Clerk of the Court is respectfully directed to close this case.

SO ORDERED.

Dated: Central Islip, New York

March 22, 2019

/s/ Arthur D. Spatt

ARTHUR D. SPATT

United States District Judge


Summaries of

Moore v. Berryhill

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
Mar 22, 2019
2:17-cv-01361 (ADS)(ARL) (E.D.N.Y. Mar. 22, 2019)
Case details for

Moore v. Berryhill

Case Details

Full title:CHRISTA A. MOORE, Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of…

Court:UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

Date published: Mar 22, 2019

Citations

2:17-cv-01361 (ADS)(ARL) (E.D.N.Y. Mar. 22, 2019)