United States District Court, Southern District of New York
March 25, 2003
LORRAINE N. ADEN, PLAINTIFF,
JO ANNE B. BARNHART, ETC., DEFENDANT.
The opinion of the court was delivered by: Lewis A. Kaplan, District Judge
In a report and recommendation dated March 6, 2003, Magistrate Judge Ellis recommended that the Court grant defendant's motion for judgment on the pleadings dismissing the complaint.
In objections filed March 20, 2003, plaintiff challenges the report and recommendation and two principal grounds. First, she claims that she was not "allowed the submission of additional evidence to clarify information already in the file," presumably before the ALJ. Second, she attaches purported medical records and other documents to her objections which, she claims, support her disability claim.
The matter is remanded to Judge Ellis for supplementation of the report and recommendation in two respects: (1) whether plaintiff was precluded from offering evidence before the ALJ and, if so, what consequences should flow therefrom, and (2) whether the material attached to the objections was part of the administrative record.
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