Cira v. Colvin

Cira v. Colvin

Plaintiff:	Theresa A. Cira
Defendant:	Carolyn W. Colvin
Case Number:	1:2015cv06704
Filed:	November 23, 2015
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
September 29, 2017	Filing 16 ORDER granting Plaintiff's 9 Motion for Judgment on the Pleadings; denying Commissioner's 13 Motion for Judgment on the Pleadings; and REMANDING for further Administrative Proceedings --- For the reasons set forth in the ATTACHED WRIT TEN OPINION AND ORDER, Plaintiff's motion for judgment on the pleadings is granted; the Commissioner's cross-motion for judgment on the pleadings is denied; and this matter is remanded to the Commissioner pursuant to 42 U.S.C. § 405(g) for further administrative proceedings consistent with this Opinion and Order. If Plaintiff's benefits remain denied, the Commissioner is directed to render a final decision within sixty (60) days of Plaintiff's appeal (if any). See B utts v. Barnhart, 388 F.3d 377, 387 (2d Cir. 2004) (suggesting that time limits reduce the potential for further hardship to the claimant). To the extent Plaintiff's condition has declined or worsened since the date of the Administrative La w Judge's decision, Plaintiff is free to reapply for benefits based on those conditions. The Clerk of the Court is directed to enter judgment and to close this case. SO ORDERED by Chief Judge Dora Lizette Irizarry on 9/29/2017. (Irizarry, Dora)

Date Filed

Document Text

September 29, 2017

Filing 16 ORDER granting Plaintiff's 9 Motion for Judgment on the Pleadings; denying Commissioner's 13 Motion for Judgment on the Pleadings; and REMANDING for further Administrative Proceedings --- For the reasons set forth in the ATTACHED WRIT TEN OPINION AND ORDER, Plaintiff's motion for judgment on the pleadings is granted; the Commissioner's cross-motion for judgment on the pleadings is denied; and this matter is remanded to the Commissioner pursuant to 42 U.S.C. § 405(g) for further administrative proceedings consistent with this Opinion and Order. If Plaintiff's benefits remain denied, the Commissioner is directed to render a final decision within sixty (60) days of Plaintiff's appeal (if any). See B utts v. Barnhart, 388 F.3d 377, 387 (2d Cir. 2004) (suggesting that time limits reduce the potential for further hardship to the claimant). To the extent Plaintiff's condition has declined or worsened since the date of the Administrative La w Judge's decision, Plaintiff is free to reapply for benefits based on those conditions. The Clerk of the Court is directed to enter judgment and to close this case. SO ORDERED by Chief Judge Dora Lizette Irizarry on 9/29/2017. (Irizarry, Dora)

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Plaintiff: Theresa A. Cira
Represented By:	Charles E. Binder
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Defendant: Carolyn W. Colvin
Represented By:	Kathleen Anne Mahoney
Represented By:	SOCIAL SECURITY ADMINISTRATION - GENERIC
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