Anderson v. Colvin

Anderson v. Colvin

Plaintiff:	Leticia Rochelle Anderson
Defendant:	Carolyn W. Colvin
Case Number:	1:2014cv06937
Filed:	November 26, 2014
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
March 27, 2017	Filing 19 ORDER denying 13 Motion for Judgment on the Pleadings; granting 15 Motion for Judgment on the Pleadings AND REMANDING FOR FURTHER ADMINISTRATIVE PROCEEDINGS -- As an initial matter, since Nancy A. Berryhill became Acting Commissioner of Social Security on January 23, 2017, she has been substituted for the named defendant pursuant to Federal Rule of Civil Procedure 25(d). For the reasons set forth in the ATTACHED WRITTEN MEMORANDUM AND ORDER, the Commissioner's motion for judgment on t he pleadings is denied and Plaintiff's cross-motion for judgment on the pleadings is granted. Accordingly, the decision of the Commissioner is REVERSED, and this matter is REMANDED to the Commissioner pursuant to the fourth sentence of 42 U.S.C . § 405(g) for further administrative proceedings consistent with the Court's opinion. If Plaintiff's benefits remain denied, the Commissioner is directed to render a final decision within sixty (60) days of Plaintiff's appeal, i f any. See Butts v. Barnhart, 388 F.3d 377, 387 (2d Cir. 2004). The Clerk of the Court is directed to enter judgment in favor of plaintiff and to close this case. SO ORDERED by Chief Judge Dora Lizette Irizarry on 3/27/2017. (Irizarry, Dora)

Date Filed

Document Text

March 27, 2017

Filing 19 ORDER denying 13 Motion for Judgment on the Pleadings; granting 15 Motion for Judgment on the Pleadings AND REMANDING FOR FURTHER ADMINISTRATIVE PROCEEDINGS -- As an initial matter, since Nancy A. Berryhill became Acting Commissioner of Social Security on January 23, 2017, she has been substituted for the named defendant pursuant to Federal Rule of Civil Procedure 25(d). For the reasons set forth in the ATTACHED WRITTEN MEMORANDUM AND ORDER, the Commissioner's motion for judgment on t he pleadings is denied and Plaintiff's cross-motion for judgment on the pleadings is granted. Accordingly, the decision of the Commissioner is REVERSED, and this matter is REMANDED to the Commissioner pursuant to the fourth sentence of 42 U.S.C . § 405(g) for further administrative proceedings consistent with the Court's opinion. If Plaintiff's benefits remain denied, the Commissioner is directed to render a final decision within sixty (60) days of Plaintiff's appeal, i f any. See Butts v. Barnhart, 388 F.3d 377, 387 (2d Cir. 2004). The Clerk of the Court is directed to enter judgment in favor of plaintiff and to close this case. SO ORDERED by Chief Judge Dora Lizette Irizarry on 3/27/2017. (Irizarry, Dora)

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Plaintiff: Leticia Rochelle Anderson
Represented By:	Munir Pujara
Represented By:	Emilia Sicilia
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Defendant: Carolyn W. Colvin
Represented By:	Kathleen Anne Mahoney
Represented By:	SOCIAL SECURITY ADMINISTRATION - GENERIC
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