Gadayeva v. Commissioner of Social Security
||Commissioner of Social Security
||June 16, 2011
||US District Court for the Eastern District of New York
||Brian M. Cogan
|Nature of Suit:
||Social Security: DIWC/DIWW
|Cause of Action:
||42 U.S.C. § 405 Review of HHS Decision (DIWC)
|Jury Demanded By:
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|December 13, 2012
MEMORANDUM DECISION AND ORDER, For these reasons, the case is remanded for further hearings before the ALJ. If the ALJ concludes that pltff is not without fault, she shall make specific findings as to the following questions: (1) did pltff have actua l knowledge of her obligation to report her husband's income and the fact that her husband's bank accounts exceeded the $3000 limit for SSI eligibility from October 2000 through November 2001 and April through June 2002; (2) if not, di d pltff have the mental ability and proficiency in English to have understood her obligation to affirmatively report these changes. As to both questions, the ALJ shall refer to specific evidence in the record to support the findings. Deft's 22 Motion for Judgment on the Pleadings is denied and the case is remanded for further hearings before the Administrative Law Judge. (Ordered by Judge Brian M. Cogan on 12/12/2012) c/m by Chambers with Unpublished Decision. Fwd. for Judgment. (Galeano, Sonia)
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