Smith v. Astrue

Smith v. Astrue

Plaintiff:	Phyllis Smith
Defendant:	Michael J. Astrue
Case Number:	1:2011cv05627
Filed:	November 17, 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 22, 2013	Filing 17 ORDER denying 10 Motion for Judgment on the Pleadings; granting in part and denying in part 12 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 Commissioner'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 sentence of 42 U.S.C. § 405(g), the Commissioner's decision is REVERSED and this matter is REMANDED to the Commissioner for further administrative proceedings consistent with the Court's opinion. Plaintiff's alternative request for remand solely for a calculation of benefits is denied. On r emand, the Administrative Law Judge ("ALJ") is to: (i) fully develop the administrative record by obtaining additional information from Dr. Licciardi as to Plaintiff's residual functional capacity and reassess the weight to be accorded to Dr. Licciardi's opinion; (ii) reassess Plaintiff's credibility and explain the weight given to Plaintiff's testimony in light of all of the relevant factors and Plaintiffs work history; and (iii) determine whether Dr. Nour's o pinion is retrospective and, if necessary, consider the evidence and accord it the proper weight. The Clerk of the Court is directed to enter judgment and to close this case. SO ORDERED. Ordered by Judge Dora Lizette Irizarry on 3/22/2013. (Irizarry, Dora)

Date Filed

Document Text

March 22, 2013

Filing 17 ORDER denying 10 Motion for Judgment on the Pleadings; granting in part and denying in part 12 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 Commissioner'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 sentence of 42 U.S.C. § 405(g), the Commissioner's decision is REVERSED and this matter is REMANDED to the Commissioner for further administrative proceedings consistent with the Court's opinion. Plaintiff's alternative request for remand solely for a calculation of benefits is denied. On r emand, the Administrative Law Judge ("ALJ") is to: (i) fully develop the administrative record by obtaining additional information from Dr. Licciardi as to Plaintiff's residual functional capacity and reassess the weight to be accorded to Dr. Licciardi's opinion; (ii) reassess Plaintiff's credibility and explain the weight given to Plaintiff's testimony in light of all of the relevant factors and Plaintiffs work history; and (iii) determine whether Dr. Nour's o pinion is retrospective and, if necessary, consider the evidence and accord it the proper weight. The Clerk of the Court is directed to enter judgment and to close this case. SO ORDERED. Ordered by Judge Dora Lizette Irizarry on 3/22/2013. (Irizarry, Dora)

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