Pereyra v. Astrue

Pereyra v. Astrue

Plaintiff:	Felicia Pereyra
Defendant:	Michael J. Astrue
Case Number:	1:2010cv05873
Filed:	December 17, 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 U.S.C. § 405 Review of HHS Decision (SSID)
Jury Demanded By:	None

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Date Filed	Document Text
August 28, 2012	Filing 16 ORDER denying 11 Motion for Judgment on the Pleadings; granting in part and denying in part 13 Motion for Judgment on the Pleadings AND REMANDING FOR FURTHER ADMINISTRATIVE PROCEEDINGS - For the reasons set forth in the ATTACHED WRITTEN OPINIO N AND ORDER, the Commissioner's motion for judgment on the pleadings is denied. Plaintiff's motion for judgment on the pleadings is granted to the extent that this action is remanded and denied in that the court declines to find Plaintiff is disabled and to remand solely for the calculation of benefits. This case is REMANDED pursuant to the fourth and sixth sentences of 42 U.S.C. § 405(g), for additional proceedings consistent with the Attached Written Opinion and Order. Specif ically, the Administrative Law Judge ("ALJ") is to set forth clearly his reasons for finding that other medical evidence in the record did not support the treating physician's opinion. The ALJ also must re-weigh Plaintiff's credibility, taking into consideration all of the applicable factors. The Clerk of the Court is directed to enter judgment and to close this case. SO ORDERED by Judge Dora Lizette Irizarry on 8/28/2012. (Irizarry, Dora)

Date Filed

Document Text

August 28, 2012

Filing 16 ORDER denying 11 Motion for Judgment on the Pleadings; granting in part and denying in part 13 Motion for Judgment on the Pleadings AND REMANDING FOR FURTHER ADMINISTRATIVE PROCEEDINGS - For the reasons set forth in the ATTACHED WRITTEN OPINIO N AND ORDER, the Commissioner's motion for judgment on the pleadings is denied. Plaintiff's motion for judgment on the pleadings is granted to the extent that this action is remanded and denied in that the court declines to find Plaintiff is disabled and to remand solely for the calculation of benefits. This case is REMANDED pursuant to the fourth and sixth sentences of 42 U.S.C. § 405(g), for additional proceedings consistent with the Attached Written Opinion and Order. Specif ically, the Administrative Law Judge ("ALJ") is to set forth clearly his reasons for finding that other medical evidence in the record did not support the treating physician's opinion. The ALJ also must re-weigh Plaintiff's credibility, taking into consideration all of the applicable factors. The Clerk of the Court is directed to enter judgment and to close this case. SO ORDERED by Judge Dora Lizette Irizarry on 8/28/2012. (Irizarry, Dora)

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Defendant: Michael J. Astrue
Represented By:	Kenneth M. Abell
Represented By:	SOCIAL SECURITY ADMINISTRATION - GENERIC
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Plaintiff: Felicia Pereyra
Represented By:	William D Kaplan
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