Delgado Torres v. Commissioner of Social Security

Justia Dockets & Filings Second Circuit New York Southern District Delgado Torres v. Commissioner of Social Security

Delgado Torres v. Commissioner of Social Security

Plaintiff:	Jesus Manuel Delgado Torres
Defendant:	Commissioner of Social Security
Case Number:	1:2013cv00730
Filed:	February 1, 2013
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Bronx
Presiding Judge:	Katherine B. Forrest
Nature of Suit:	Social Security: SSID Tit. XVI
Cause of Action:	42 U.S.C. § 405 Rev. of Final Dec. of Sec. of HEW re: S.S. Benefits
Jury Demanded By:	None

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Date Filed	Document Text
February 3, 2014	Filing 18 OPINION & ORDER re: 15 CROSS MOTION for Judgment on the Pleadings filed by Commissioner of Social Security, 13 MOTION for Judgment on the Pleadings filed by Jesus Manuel Delgado Torres. For these reasons, plaintiffs motion for judgment on the ple adings is GRANTED and defendant's motion for judgment on the pleadings is DENIED. This matter is REMANDED to the Commissioner, who shall: 1. Request that plaintiff secure complete medical records from all doctors and institutions that treated pl aintiff, including Dr. Gutierrez. 2. Request that Dr. Ang substantiate his reports, particularly his finding that plaintiff was "[u]nable to work for at least 12 months." (See R. at 259.) 3. Hold a new administrative hearing. The Clerk of Court is directed to close the motions at ECF Nos. 13 and 15 and to terminate this action. (Signed by Judge Katherine B. Forrest on 2/3/2014) (tro)

Date Filed

Document Text

February 3, 2014

Filing 18 OPINION & ORDER re: 15 CROSS MOTION for Judgment on the Pleadings filed by Commissioner of Social Security, 13 MOTION for Judgment on the Pleadings filed by Jesus Manuel Delgado Torres. For these reasons, plaintiffs motion for judgment on the ple adings is GRANTED and defendant's motion for judgment on the pleadings is DENIED. This matter is REMANDED to the Commissioner, who shall: 1. Request that plaintiff secure complete medical records from all doctors and institutions that treated pl aintiff, including Dr. Gutierrez. 2. Request that Dr. Ang substantiate his reports, particularly his finding that plaintiff was "[u]nable to work for at least 12 months." (See R. at 259.) 3. Hold a new administrative hearing. The Clerk of Court is directed to close the motions at ECF Nos. 13 and 15 and to terminate this action. (Signed by Judge Katherine B. Forrest on 2/3/2014) (tro)

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Defendant: Commissioner of Social Security
Represented By:	John E. Gura, Jr
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Plaintiff: Jesus Manuel Delgado Torres
Represented By:	Stephen Mitchell Jackel
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