Beam v. Colvin

Beam v. Colvin

Plaintiff:	Crystal Carol Beam
Defendant:	Carolyn Colvin
Case Number:	1:2014cv09889
Filed:	December 15, 2014
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Orange
Presiding Judge:	Katherine B. Forrest
Nature of Suit:	Disability Insurance
Cause of Action:	42 U.S.C. § 405
Jury Demanded By:	None

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Date Filed	Document Text
August 6, 2015	Filing 30 OPINION & ORDER re: 27 CROSS MOTION for Judgment on the Pleadings . filed by Carolyn Colvin, 10 MOTION for Judgment on the Pleadings . filed by Crystal Carol Beam. Accordingly, plaintiff's motion is GRANTED, defend ant's motion is DENIED, and this case is remanded to the Commissioner for further proceedings. On remand, the ALJ shall further develop the administrative record, including by obtaining a full and legible set of records from the Center for Red uced Stress; reconsider her assessment of the evidence in the record (particularly the opinions of Dr. Shtock); and issue a new decision consistent with this Opinion & Order. The ALJ may reconsider any other aspect of her decision as appropriate o n a complete record. In particular, the ALJ shall consider whether further development of the record as to plaintiff's fibromyalgia or carpal tunnel syndrome is necessary or appropriate. The Clerk of Court is directed to terminate the motions a t ECF Nos. 10 and 27, to terminate this action, and to remand this action to the Commissioner for further proceedings consistent with this Opinion & Order. (As further set forth in this Order) (Signed by Judge Katherine B. Forrest on 8/6/2015) (lmb)

Date Filed

Document Text

August 6, 2015

Filing 30 OPINION & ORDER re: 27 CROSS MOTION for Judgment on the Pleadings . filed by Carolyn Colvin, 10 MOTION for Judgment on the Pleadings . filed by Crystal Carol Beam. Accordingly, plaintiff's motion is GRANTED, defend ant's motion is DENIED, and this case is remanded to the Commissioner for further proceedings. On remand, the ALJ shall further develop the administrative record, including by obtaining a full and legible set of records from the Center for Red uced Stress; reconsider her assessment of the evidence in the record (particularly the opinions of Dr. Shtock); and issue a new decision consistent with this Opinion & Order. The ALJ may reconsider any other aspect of her decision as appropriate o n a complete record. In particular, the ALJ shall consider whether further development of the record as to plaintiff's fibromyalgia or carpal tunnel syndrome is necessary or appropriate. The Clerk of Court is directed to terminate the motions a t ECF Nos. 10 and 27, to terminate this action, and to remand this action to the Commissioner for further proceedings consistent with this Opinion & Order. (As further set forth in this Order) (Signed by Judge Katherine B. Forrest on 8/6/2015) (lmb)

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Plaintiff: Crystal Carol Beam
Represented By:	Irwin Milton Portnoy
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Defendant: Carolyn Colvin
Represented By:	John E. Gura, Jr
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