Murray v. Astrue

Murray v. Astrue

Plaintiff:	Stephanie Murray
Defendant:	Michael J. Astrue
Case Number:	1:2010cv05523
Filed:	November 30, 2010
Court:	US District Court for the Eastern District of New York
Office:	Brooklyn Office
Presiding Judge:	Dora Lizette Irizarry
Nature of Suit:	Social Security: SSID Tit. XVI
Cause of Action:	42 U.S.C. § 405 Review of HHS Decision (SSID)
Jury Demanded By:	None

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Date Filed	Document Text
August 29, 2012	Filing 18 ORDER denying 11 Motion for Judgment on the Pleadings; granting 13 Motion for Judgment on the Pleadings AND REMANDING FOR FURTHER ADMINISTRATIVE PROCEEDINGS --- the Commissioner's motion is denied and Plaintiff's motion for judgment o n the pleadings is granted. Accordingly, the Commissioners decision is REVERSED and this matter is REMANDED to the Commissioner pursuant to the fourth and sixth sentences of 42 U.S.C. § 405(g) for further administrative proceedings consistent w ith this opinion. Specifically, on remand, the Administrative Law Judge is to: (i) fully develop the administrative record by obtaining opinions from Plaintiff's treating physicians; (ii) set forth the weight she is giving to Plaintiff's treating physicians and physician's assistant after considering all of the relevant factors; (iii) re-weigh Plaintiff's credibility; and (iv) obtain new Vocational Expert testimony based upon the further development of the record and reassessment of the evidence. The Clerk of the Court is directed to enter judgment in favor of plaintiff and to close this case. SO ORDERED by Judge Dora Lizette Irizarry on 8/29/2012. (Irizarry, Dora)

Date Filed

Document Text

August 29, 2012

Filing 18 ORDER denying 11 Motion for Judgment on the Pleadings; granting 13 Motion for Judgment on the Pleadings AND REMANDING FOR FURTHER ADMINISTRATIVE PROCEEDINGS --- the Commissioner's motion is denied and Plaintiff's motion for judgment o n the pleadings is granted. Accordingly, the Commissioners decision is REVERSED and this matter is REMANDED to the Commissioner pursuant to the fourth and sixth sentences of 42 U.S.C. § 405(g) for further administrative proceedings consistent w ith this opinion. Specifically, on remand, the Administrative Law Judge is to: (i) fully develop the administrative record by obtaining opinions from Plaintiff's treating physicians; (ii) set forth the weight she is giving to Plaintiff's treating physicians and physician's assistant after considering all of the relevant factors; (iii) re-weigh Plaintiff's credibility; and (iv) obtain new Vocational Expert testimony based upon the further development of the record and reassessment of the evidence. The Clerk of the Court is directed to enter judgment in favor of plaintiff and to close this case. SO ORDERED by Judge Dora Lizette Irizarry on 8/29/2012. (Irizarry, Dora)

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Defendant: Michael J. Astrue
Represented By:	Ameet B. Kabrawala
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Plaintiff: Stephanie Murray
Represented By:	Charles E. Binder
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