Parvon v. Colvin

Parvon v. Colvin

Plaintiff:	Al Parvon
Defendant:	Carolyn W. Colvin
Case Number:	1:2015cv00110
Filed:	March 31, 2015
Court:	US District Court for the District of Hawaii
Office:	Hawaii Office
County:	Honolulu
Presiding Judge:	ALAN C KAY
Presiding Judge:	BARRY M. KURREN
Nature of Suit:	Disability Insurance
Cause of Action:	42 U.S.C. § 416
Jury Demanded By:	None

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Date Filed	Document Text
March 11, 2016	Filing 33 ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR SUMMARY ADJUDICATION AND REMANDING CASE re 21 - Signed by JUDGE ALAN C KAY on 3/11/2016. "For the foregoing reasons, the Court in part and DENIES in part Plaintiff's Motion for Summary Adjudication, and thereby AFFIRMS in part and REVERSES in part the Commissioner's decision denying Social Security disability benefits to Plaintiff. Specifically, the Court finds that 1) the ALJ's decision to disregard the medical opinions of Dr. Ahmed, Dr. Santarpia, and Dr. Echevarria did not constitute legal error; 2) the ALJ's decision to implicitly disregard the medical opinion of Dr. Tzetzo consti tuted reversible legal error; 3) the ALJ did not commit legal error in conducting his residual functional capacity assessment or crafting his VE hypothetical, neither of which included certain limitations the ALJ identified in steps two a nd three of the sequential process for determining whether a claimant is disabled; and 4) the Appeals Council was required to consider the VA decision, which became part of the overall administrative record when Plaintiff submitted it as n ew evidence and the Appeals Council denied his request for review. Accordingly, the Court hereby REMANDS this case to the ALJ for further administrative proceedings in order to determine, in conjunction with considering the entire reco rd, the effect of Dr. Tzetzo's medical opinion and the VA decision on Plaintiff's disability assessment." (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notific ations received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry

Date Filed

Document Text

March 11, 2016

Filing 33 ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR SUMMARY ADJUDICATION AND REMANDING CASE re 21 - Signed by JUDGE ALAN C KAY on 3/11/2016. "For the foregoing reasons, the Court in part and DENIES in part Plaintiff's Motion for Summary Adjudication, and thereby AFFIRMS in part and REVERSES in part the Commissioner's decision denying Social Security disability benefits to Plaintiff. Specifically, the Court finds that 1) the ALJ's decision to disregard the medical opinions of Dr. Ahmed, Dr. Santarpia, and Dr. Echevarria did not constitute legal error; 2) the ALJ's decision to implicitly disregard the medical opinion of Dr. Tzetzo consti tuted reversible legal error; 3) the ALJ did not commit legal error in conducting his residual functional capacity assessment or crafting his VE hypothetical, neither of which included certain limitations the ALJ identified in steps two a nd three of the sequential process for determining whether a claimant is disabled; and 4) the Appeals Council was required to consider the VA decision, which became part of the overall administrative record when Plaintiff submitted it as n ew evidence and the Appeals Council denied his request for review. Accordingly, the Court hereby REMANDS this case to the ALJ for further administrative proceedings in order to determine, in conjunction with considering the entire reco rd, the effect of Dr. Tzetzo's medical opinion and the VA decision on Plaintiff's disability assessment." (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notific ations received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry

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Plaintiff: Al Parvon
Represented By:	David F. Chermol
Represented By:	Diane C Haar
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Defendant: Carolyn W. Colvin
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