Felder v. Commissioner of Social Security
Plaintiff: Phillip Felder
Defendant: Commissioner of Social Security
Case Number: 1:2010cv05747
Filed: December 10, 2010
Court: US District Court for the Eastern District of New York
Office: Brooklyn Office
Presiding Judge: Dora Lizette Irizarry
Nature of Suit: Social Security: SSID Tit. XVI
Cause of Action: 42:405 Review of HHS Decision (SSID)
Jury Demanded By: None

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Date Filed Document Text
September 11, 2012 Opinion or Order Filing 20 ORDER denying 12 Motion for Judgment on the Pleadings; granting 14 Motion for Judgment on the Pleadings AND REMANDING FOR FURTHER ADMINISTRATIVE PROCEEDINGS --- For the reasons set forth in the ATTACHED WRITTEN OPINION AND ORDER, the Commission er's motion for judgment on the pleadings is DENIED and Plaintiff's motion for judgment on the pleadings is GRANTED. Accordingly, pursuant to the fourth and sixth sentences of 42 U.S.C. § 405(g), the Commissioner's decision is RE VERSED and the instant action is REMANDED for additional proceedings consistent with the Attached Written Opinion and Order. Specifically, the Administrative Law Judge is directed to: (i) develop the record so as to adequately determine Plaintiff� 39;s Residual Functional Capacity; (ii) thoroughly assess Plaintiff's credibility by addressing all of the relevant factors and considering the entire administrative record; and (iii) obtain relevant evidence to support the conclusion that there are other jobs in the national economy Plaintiff could perform, including the opinion of a vocational expert, if necessary. The Clerk of the Court is directed to enter judgment in favor of Plaintiff and to close this case. SO ORDERED by Judge Dora Lizette Irizarry on 9/11/2012. (Irizarry, Dora)
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Defendant: Commissioner of Social Security
Represented By: SOCIAL SECURITY ADMINISTRATION - GENERIC
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Plaintiff: Phillip Felder
Represented By: Louis R. Burko
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