Tirado v. Commissioner of Social Security

Justia Dockets & Filings Second Circuit New York Eastern District Tirado v. Commissioner of Social Security

Tirado v. Commissioner of Social Security

Plaintiff:	Edwin Tirado
Defendant:	Commissioner of Social Security
Case Number:	1:2010cv02482
Filed:	May 26, 2010
Court:	US District Court for the Eastern District of New York
Office:	Brooklyn Office
Presiding Judge:	Allyne R. Ross
Nature of Suit:	Social Security: DIWC/DIWW
Cause of Action:	42 U.S.C. § 405 Review of HHS Decision (DIWC)
Jury Demanded By:	None

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Date Filed	Document Text
January 25, 2012	Filing 23 ORDER & OPINION: The Commissioner has moved for judgment on the pleadings, and plaintiff has cross-moved. The Court denies the Commissioner's 16 motion, grants plaintiff's 18 motion insofar as it seeks reversal of the Commi ssioner's decision, and remands the case for further proceedings. Where "there are gaps in the administrative record, or the Administrative Law Judge ("ALJ") has applied an improper legal standard," remand is the appropriat e remedy to permit additional consideration. The case is therefore remanded to the Commissioner for further proceedings consistent with this opinion. The Clerk of the Court is directed to enter judgment accordingly. SO ORDERED by Senior Judge Allyne R. Ross, on 1/25/2012. (Forwarded for Judgment.) (Latka-Mucha, Wieslawa)

Date Filed

Document Text

January 25, 2012

Filing 23 ORDER & OPINION: The Commissioner has moved for judgment on the pleadings, and plaintiff has cross-moved. The Court denies the Commissioner's 16 motion, grants plaintiff's 18 motion insofar as it seeks reversal of the Commi ssioner's decision, and remands the case for further proceedings. Where "there are gaps in the administrative record, or the Administrative Law Judge ("ALJ") has applied an improper legal standard," remand is the appropriat e remedy to permit additional consideration. The case is therefore remanded to the Commissioner for further proceedings consistent with this opinion. The Clerk of the Court is directed to enter judgment accordingly. SO ORDERED by Senior Judge Allyne R. Ross, on 1/25/2012. (Forwarded for Judgment.) (Latka-Mucha, Wieslawa)

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Defendant: Commissioner of Social Security
Represented By:	SOCIAL SECURITY ADMINISTRATION - GENERIC
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Plaintiff: Edwin Tirado
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