Miller v. Astrue

Miller v. Astrue

Plaintiff:	Glenda O. Miller
Defendant:	Michael J. Astrue
Case Number:	1:2011cv04103
Filed:	August 24, 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: 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
March 1, 2013	Filing 18 ORDER DENYING DEFENDANT'S 11 Motion for Judgment on the Pleadings; GRANTING PLAINTIFF'S 13 Motion for Judgment on the Pleadings AND REMANDING FOR FURTHER ADMINISTRATIVE PROCEEDINGS - For the reasons set forth in the ATTACHED WRITTEN O PINION AND ORDER, the Commissioner's motion is denied and Plaintiff's motion for judgment on the pleadings is granted. Accordingly, pursuant to the fourth sentence of 42 U.S.C. § 405(g), the Commissioner's decision is REVERSED an d this matter is REMANDED to the Commissioner for further administrative proceedings consistent with the court's opinion. Specifically, on remand, the Administrative Law Judge is to: (i) reassess Plaintiff's credibility and explain the we ight given to Plaintiff's testimony in light of all of the regulatory factors; and (ii) consider how Plaintiff's turning 55 years old since her application and hearing affects whether Plaintiff is entitled to benefits. The Commissioner is further directed to expeditiously address this matter on remand. 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 3/1/2013. (Irizarry, Dora)

Date Filed

Document Text

March 1, 2013

Filing 18 ORDER DENYING DEFENDANT'S 11 Motion for Judgment on the Pleadings; GRANTING PLAINTIFF'S 13 Motion for Judgment on the Pleadings AND REMANDING FOR FURTHER ADMINISTRATIVE PROCEEDINGS - For the reasons set forth in the ATTACHED WRITTEN O PINION AND ORDER, the Commissioner's motion is denied and Plaintiff's motion for judgment on the pleadings is granted. Accordingly, pursuant to the fourth sentence of 42 U.S.C. § 405(g), the Commissioner's decision is REVERSED an d this matter is REMANDED to the Commissioner for further administrative proceedings consistent with the court's opinion. Specifically, on remand, the Administrative Law Judge is to: (i) reassess Plaintiff's credibility and explain the we ight given to Plaintiff's testimony in light of all of the regulatory factors; and (ii) consider how Plaintiff's turning 55 years old since her application and hearing affects whether Plaintiff is entitled to benefits. The Commissioner is further directed to expeditiously address this matter on remand. 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 3/1/2013. (Irizarry, Dora)

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Defendant: Michael J. Astrue
Represented By:	Candace Scott Appleton
Represented By:	SOCIAL SECURITY ADMINISTRATION - GENERIC
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Plaintiff: Glenda O. Miller
Represented By:	Charles E. Binder
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