Lazo-Espinoza v. Astrue
Henry Lazo-Espinoza |
Michael J. Astrue |
1:2010cv02089 |
May 7, 2010 |
US District Court for the Eastern District of New York |
Brooklyn Office |
Dora Lizette Irizarry |
Social Security: SSID Tit. XVI |
42 U.S.C. ยง 405 Review of HHS Decision (SSID) |
None |
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Filing 20 ORDER GRANTING Defendant's 12 Motion to Remand; AND DENYING Plaintiff's 15 Motion for Judgment on the Pleadings AND REMANDING TO THE COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION FOR FURTHER ADMINISTRATIVE PROCEEDINGS - For the reaso ns set forth in the ATTACHED WRITTEN OPINION AND ORDER, the Commissioner's motion for REMAND is GRANTED and Plaintiff's cross-motion for judgment on the pleadings is DENIED. Accordingly, IT IS HEREBY ORDERED that the Commissioner's de cision is reversed and THIS CASE IS REMANDED to the Commissioner pursuant to the Fourth and Sixth sentences of 42 U.S.C. § 405(g) for further administrative proceedings consistent with the Attached Written Opinion. The court directs that, on rem and, this matter be assigned to a different Administrative Law Judge ("ALJ"), as the administrative record indicates a level of rudeness, dismissiveness, intolerance, and lack of adherence to legal standards on the part of ALJ Nisnewitz tha t was not appropriate and did not advance the ultimate goal of developing the record in a meaningful way. Additionally, the parties have advised the court that Plaintiff has a new disability application pending before the Commissioner. Therefore, i t may make sense to join the remand of this matter with the new pending matter. It is further requested by the court that the Commissioner take all necessary steps to insure that there is no undue delay in conducting the additional administrative proceedings and issuance of a new opinion and order. The Clerk of the Court is directed to enter judgment and to close this case. SO ORDERED by Judge Dora Lizette Irizarry on 3/27/2012. (Irizarry, Dora) |
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Plaintiff: Henry Lazo-Espinoza | |
Represented By: | William D. Kaplan |
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Defendant: Michael J. Astrue | |
Represented By: | SOCIAL SECURITY ADMINISTRATION - GENERIC |
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