Credle v. Michael Astrue, Commissioner of Social Security

Justia Dockets & Filings Second Circuit New York Eastern District Credle v. Michael Astrue, Commissioner of Social Security

Credle v. Michael Astrue, Commissioner of Social Security

Plaintiff:	Lorraine Credle
Defendant:	Michael Astrue, Commissioner of Social Security
Case Number:	1:2010cv05624
Filed:	December 6, 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: 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
September 19, 2012	Filing 17 ORDER denying 10 Motion for Judgment on the Pleadings AND REMANDING FOR FURTHER ADMINISTRATIVE PROCEEDINGS - For the reasons set forth in the ATTACHED WRITTEN OPINION AND ORDER, the Commissioner's motion for judgment on the pleadings is deni ed. Accordingly, pursuant to the fourth and sixth sentences of 42 U.S.C. § 405(g), the Commissioner's decision is REVERSED and the instant action is REMANDED for additional proceedings consistent with the Attached Written Opinion. Specifi cally, the Administrative Law Judge ("ALJ") is directed to: (1) give proper weight to plaintiff's 2010 testimony; (2) thoroughly assess medical evidence concerning plaintiff's left upper extremity, back, and neck, particularly the EMG and Dr. Cubangbang's findings; (3) consider fully the findings of Dr. Mathew; (4) give proper weight to and thoroughly assess the findings of plaintiff's treating physician Dr. Roger, treating psychologist Dr. Granda-Gilbert, and treat ing psychiatrist Dr. Shpitalnik; and (5) develop the record as necessary as to plaintiff's left upper extremity, back and neck, the assessments by plaintiff's treating physicians, and plaintiff's mental condition as it relates to her disability claim. 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 9/19/2012. (Irizarry, Dora)

Date Filed

Document Text

September 19, 2012

Filing 17 ORDER denying 10 Motion for Judgment on the Pleadings AND REMANDING FOR FURTHER ADMINISTRATIVE PROCEEDINGS - For the reasons set forth in the ATTACHED WRITTEN OPINION AND ORDER, the Commissioner's motion for judgment on the pleadings is deni ed. Accordingly, pursuant to the fourth and sixth sentences of 42 U.S.C. § 405(g), the Commissioner's decision is REVERSED and the instant action is REMANDED for additional proceedings consistent with the Attached Written Opinion. Specifi cally, the Administrative Law Judge ("ALJ") is directed to: (1) give proper weight to plaintiff's 2010 testimony; (2) thoroughly assess medical evidence concerning plaintiff's left upper extremity, back, and neck, particularly the EMG and Dr. Cubangbang's findings; (3) consider fully the findings of Dr. Mathew; (4) give proper weight to and thoroughly assess the findings of plaintiff's treating physician Dr. Roger, treating psychologist Dr. Granda-Gilbert, and treat ing psychiatrist Dr. Shpitalnik; and (5) develop the record as necessary as to plaintiff's left upper extremity, back and neck, the assessments by plaintiff's treating physicians, and plaintiff's mental condition as it relates to her disability claim. 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 9/19/2012. (Irizarry, Dora)

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Plaintiff: Lorraine Credle
Represented By:	Carolyn Rose
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Defendant: Michael Astrue, Commissioner of Social Security
Represented By:	SOCIAL SECURITY ADMINISTRATION - GENERIC
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