AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Motions
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Motions
Judges

DORY D. VALVERDE Plaintiff v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

ADOPTION OF REPORT AND RECOMMENDATION

DEBORAH BATTS, District Judge

This matter is before the Court upon a Report and Recommendation ("Report") of United States Magistrate Judge Debra C. Freeman, which was filed March 23, 2010. The Report recommends that Defendant's Motion for Remand be GRANTED, that the ALJ be directed to reexamine his prior opinion only to the extent that he determined that Plaintiff was no longer disabled as of May 20, 2005, and that the ALJ be directed to accord controlling weight to the opinions of Plaintiff's treating physicians regarding her residual functional capacity or give good reasons for not doing so, and to identify the particular functions that Plaintiff is capable of performing, with reliance on medical sources and specific references to the medical record. (Report at 9-10.)

Pursuant to 28 U.S.C. § 636(b)(1)(C), "[w]ithin fourteen days after being served with a copy [of a Magistrate Judge's Report and Recommendation], any party may serve and file written objections to such proposed findings and recommendations . . ." 28 U.S.C. § 636(b)(1)(C); see also Fed.R.Civ.P. 72(b)(2). The district court may adopt those portions of the report to which no timely objection has been made, so long as there is no clear error on the face of the record. See 28 U.S.C. § 636(b)(1)(A);Wilds v. United Parcel Serv., Inc., 262 F.Supp.2d 163, 169 (S.D.N.Y. 2003). To date, the Parties have filed no objections to said Report and Recommendation.

Having reviewed the Report and Recommendation and finding no clear error on the face of the record, see 28 U.S.C. § 636(b)(1)(A), it is hereby

ORDERED AND ADJUDGED as follows:

1. The Report and Recommendation of United States Magistrate Judge Debra C. Freeman dated March 23, 2010 be and the same hereby is approved, adopted, and ratified by the Court;

2. Defendant's Motion for Remand is GRANTED;

3. The ALJ is directed to reexamine his prior opinion only to the extent that he determined that Plaintiff was no longer disabled as of May 20, 2005, accord controlling weight to the opinions of Plaintiff's treating physicians regarding her residual functional capacity or give good reasons for not doing so, and to identify the particular functions that Plaintiff is capable of performing, with reliance on medical sources and specific references to the medical record;

4. The Clerk of the Court is directed to CLOSE the docket in this matter.

SO ORDERED.

Use AI to get other relevant cases.

Comments

VALVERDE v. COMMISSIONER OF SOCIAL SECURITY
(Apr 14, 2010)