Knepple-Hodyno v. Astrue

Knepple-Hodyno v. Astrue

Plaintiff:	Lisa Knepple-Hodyno
Defendant:	Michael Astrue
Case Number:	1:2011cv00443
Filed:	January 28, 2011
Court:	US District Court for the Eastern District of New York
Office:	Brooklyn Office
Presiding Judge:	Dora Lizette Irizarry
Nature of Suit:	Social Security: DIWC/DIWW
Cause of Action:	42 U.S.C. § 405 Review of HHS Decision (DIWC)
Jury Demanded By:	None

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Date Filed	Document Text
September 10, 2012	Filing 17 ORDER denying 9 Motion for Judgment on the Pleadings; granting 11 Motion for Judgment on the Pleadings AND REMANDING FOR FURTHER ADMINISTRATIVE PROCEEDINGS - For the reasons set forth in the ATTACHED WRITTEN MEMORANDUM AND ORDER, the Commissio ner'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 R EVERSED and this matter is REMANDED to the Commissioner for further administrative proceedings consistent with the court's attached opinion. Specifically, on remand, the Administrative Law Judge shall: (i) set forth the weight he gives to Plai ntiff's treating physicians and detail his rationale for according the treating physicians that weight, after considering all of the relevant factors and any new evidence submitted; (ii) reweigh Plaintiff's credibility and explain the weigh t given to Plaintiff's testimony in light of all of the regulatory factors; and (iii) expand the record as necessary to address the deficiencies noted in the Attached Written Memorandum and Order. 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 9/10/2012. (Irizarry, Dora)

Date Filed

Document Text

September 10, 2012

Filing 17 ORDER denying 9 Motion for Judgment on the Pleadings; granting 11 Motion for Judgment on the Pleadings AND REMANDING FOR FURTHER ADMINISTRATIVE PROCEEDINGS - For the reasons set forth in the ATTACHED WRITTEN MEMORANDUM AND ORDER, the Commissio ner'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 R EVERSED and this matter is REMANDED to the Commissioner for further administrative proceedings consistent with the court's attached opinion. Specifically, on remand, the Administrative Law Judge shall: (i) set forth the weight he gives to Plai ntiff's treating physicians and detail his rationale for according the treating physicians that weight, after considering all of the relevant factors and any new evidence submitted; (ii) reweigh Plaintiff's credibility and explain the weigh t given to Plaintiff's testimony in light of all of the regulatory factors; and (iii) expand the record as necessary to address the deficiencies noted in the Attached Written Memorandum and Order. 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 9/10/2012. (Irizarry, Dora)

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Defendant: Michael Astrue
Represented By:	Christopher John Brackett
Represented By:	SOCIAL SECURITY ADMINISTRATION - GENERIC
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Plaintiff: Lisa Knepple-Hodyno
Represented By:	Ronald L. Epstein
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