Summary
remanding based on ALJ's failure to obtain opinion of vocational expert at step five
Summary of this case from Gomez v. Comm'r of Soc. Sec.Opinion
13cv4683
01-26-2015
CARMEN REYES, Plaintiff, v. CAROLYN COLVIN, Commissioner of Social Security Defendant.
ORDER
:
Plaintiff Carmen Reyes ("Reyes") filed this action to challenge denial of her application for disability benefits by the Commissioner of Social Security ("Commissioner"). On February 14, 2014, Reyes moved for a judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure, asking the Court to reverse the decision of the Commissioner and remand for farther administrative proceedings. On April 25, 2014, the Commissioner cross-moved for judgment on the pleadings, asking the Court to affirm the Commissioner's decision and dismiss the Complaint. In a Report and Recommendation dated December 19, 2014 ("the Report"), Magistrate Judge Ronald L. Ellis recommended that this Court grant Reyes's motion and deny the Commissioner's motion. Neither party has objected to the Report. This Court finds that the Report is not facially erroneous, and affirms and adopts it. Accordingly, Reyes's motion is granted, the Commissioner's motion is denied, and this case is remanded for further administrative proceedings.
The Clerk of the Court is directed to mark this case closed. DATED: January 26, 2015
New York, New York
SO ORDERED:
/s/_________
WILLIAM H. PAULEY III
U.S.D.J. All Counsel of Record.