Salisbury v. Colvin

Salisbury v. Colvin

Plaintiff:	Micah A. Salisbury
Defendant:	Carolyn W. Colvin
Case Number:	1:2013cv02805
Filed:	April 26, 2013
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Orange
Presiding Judge:	Andrew L. Carter
Nature of Suit:	Social Security: RSI Tax Suits
Cause of Action:	42 U.S.C. § 1383 Review of HHS Decision
Jury Demanded By:	None

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Date Filed	Document Text
September 21, 2015	Filing 24 ORDER for 13 Motion for Judgment on the Pleadings filed by Micah A. Salisbury, 19 Motion for Judgment on the Pleadings filed by Carolyn W. Colvin, 23 Report and Recommendations. After review of Magistrate Judge Dolinger's Report and Re commendation dated September 1, 2015 (the "R&R"), there being no objections, the R&R is approved and adopted. Two areas of the R&R are not clearly erroneous but benefit from additional explanation. First, the R&R notes that the ALJ did not discuss why he credited Dr. Polepalle's report almost in its entirety but rejected her conclusion as to whether Salisbury could work as a landscaper and perform housekeeping responsibilities. Because of the numerous errors in assessing Salisbury 's capacity and limitations, the precise analysis as to what vocations may be available to Salisbury will inevitably be different on remand; accordingly, whether the insufficient step five explanation masks an errant conclusion is irrelevant. The Clerk of the Court is respectfully directed to terminate docket entries 13 and 19 and to enter judgment and terminate the case. (As is further set forth in this Order.) (Signed by Judge Valerie E. Caproni on 9/19/2015) (spo)

Date Filed

Document Text

September 21, 2015

Filing 24 ORDER for 13 Motion for Judgment on the Pleadings filed by Micah A. Salisbury, 19 Motion for Judgment on the Pleadings filed by Carolyn W. Colvin, 23 Report and Recommendations. After review of Magistrate Judge Dolinger's Report and Re commendation dated September 1, 2015 (the "R&R"), there being no objections, the R&R is approved and adopted. Two areas of the R&R are not clearly erroneous but benefit from additional explanation. First, the R&R notes that the ALJ did not discuss why he credited Dr. Polepalle's report almost in its entirety but rejected her conclusion as to whether Salisbury could work as a landscaper and perform housekeeping responsibilities. Because of the numerous errors in assessing Salisbury 's capacity and limitations, the precise analysis as to what vocations may be available to Salisbury will inevitably be different on remand; accordingly, whether the insufficient step five explanation masks an errant conclusion is irrelevant. The Clerk of the Court is respectfully directed to terminate docket entries 13 and 19 and to enter judgment and terminate the case. (As is further set forth in this Order.) (Signed by Judge Valerie E. Caproni on 9/19/2015) (spo)

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Plaintiff: Micah A. Salisbury
Represented By:	Gary James Gogerty
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Defendant: Carolyn W. Colvin
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