Cintron v. Commissioner of Social Security Administration et al, No. 1:2009cv09039 - Document 20 (S.D.N.Y. 2013)

Court Description: MEMORANDUM DECISION AND ORDER adopting 15 Report and Recommendations; denying 9 Motion to Dismiss filed by Commissioner of Social Security Administration. In his report, Magistrate Judge Fox advised the parties that failure to file timely objecti ons to the Report would constitute a waiver of those objections. The Commissioner objected to the Report only to the extent that the Magistrate Judge wrote that certain representations made by the Commissioner "are not in consonance with the ob ligations imposed on him by Rule 11(b) of the Federal Rules of Civil Procedure." No objections were filed as to any of the Magistrate Judge's other determinationsand recommendations. As there is no clear error with respect to the portions o f the Report thatno party objected to, those portions of the Report are adopted. It is unnecessary to adopt the objected to portion of the Report regarding the Commissioner's Rule 11(b) obligations. That issue is irrelevant to the determination of the merits of this dispute. Defendant's motion to dismiss is DENIED. A writ of mandamus shall issue, directing the Commissioner to conduct a hearing to address the issue of Plaintiff's disability benefits cessation determination, made on August 24, 2004, as well as other pertinent issues resulting therefrom. The Clerk of the Court is directed to close this case. (Signed by Judge George B. Daniels on 1/18/2013) (mro)