Jeanniton v. Colvin
Smicia Dada Jeanniton |
Carolyn W. Colvin |
1:2015cv05145 |
September 3, 2015 |
US District Court for the Eastern District of New York |
Brooklyn Office |
Dora Lizette Irizarry |
Social Security: DIWC/DIWW |
42 U.S.C. ยง 205 Denial Social Security Benefits |
None |
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Filing 28 ORDER granting 13 Motion for Judgment on the Pleadings; granting 21 Motion for Judgment on the Pleadings; denying 23 Motion for Judgment on the Pleadings AND REMANDING FOR FURTHER ADMINISTRATIVE PROCEEDINGS ---- For the reasons set forth in the ATTACHED WRITTEN OPINION AND ORDER, Plaintiff's motion to strike the Supplemental Record filed by the Commissioner and motion for judgment on the pleadings are granted, and the Commissioner's cross-motion for judgment on the pleadings i s denied. 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 this Court's opinion. If Plaintiff's benefits remain denied, the Commissioner is directed to render a final decision within sixty (60) days of Plaintiffs appeal, if 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 3/31/2017. (Irizarry, Dora) |
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Defendant: Carolyn W. Colvin | |
Represented By: | SOCIAL SECURITY ADMINISTRATION - GENERIC |
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Plaintiff: Smicia Dada Jeanniton | |
Represented By: | Ruth Axelrod |
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