Fontanez v. Colvin

Fontanez v. Colvin

Plaintiff:	Barbara Fontanez
Defendant:	Acting Commissioner Carolyn W. Colvin
Case Number:	1:2016cv01300
Filed:	March 16, 2016
Court:	US District Court for the Eastern District of New York
Office:	Brooklyn Office
Presiding Judge:	Pamela K. Chen
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 28, 2017	Filing 27 ORDER granting 16 Motion for Judgment on the Pleadings; denying 22 Motion for Judgment on the Pleadings: For the reasons in the attached Memorandum and Order, the Commissioner's motion for judgment on the pleadings is denied and Plaintiff& #039;s cross-motion for judgment on the pleadings is granted. Pursuant to the fourth sentence of 42 U.S.C. § 405(g), the Commissioner's decision is vacated, and this matter is remanded for further administrative proceedings consistent with this Order. The Court also finds that remand to a new ALJ is appropriate in this case. While the decision to assign a case to a new ALJ on remand is generally left to the discretion of the Commissioner, the Court directs the Commissioner to assign a new ALJ in light of the Padro case. See Arvanitakis v. Comm'r of Soc. Sec., No. 12-CV-1232 (CBA), 2015 WL 2240790, at *14 (E.D.N.Y. May 12, 2015). The Clerk of Court is respectfully requested to enter judgment accordingly. Ordered by Judge Pamela K. Chen on 9/28/2017. (Lee, Helen)

Date Filed

Document Text

September 28, 2017

Filing 27 ORDER granting 16 Motion for Judgment on the Pleadings; denying 22 Motion for Judgment on the Pleadings: For the reasons in the attached Memorandum and Order, the Commissioner's motion for judgment on the pleadings is denied and Plaintiff& #039;s cross-motion for judgment on the pleadings is granted. Pursuant to the fourth sentence of 42 U.S.C. § 405(g), the Commissioner's decision is vacated, and this matter is remanded for further administrative proceedings consistent with this Order. The Court also finds that remand to a new ALJ is appropriate in this case. While the decision to assign a case to a new ALJ on remand is generally left to the discretion of the Commissioner, the Court directs the Commissioner to assign a new ALJ in light of the Padro case. See Arvanitakis v. Comm'r of Soc. Sec., No. 12-CV-1232 (CBA), 2015 WL 2240790, at *14 (E.D.N.Y. May 12, 2015). The Clerk of Court is respectfully requested to enter judgment accordingly. Ordered by Judge Pamela K. Chen on 9/28/2017. (Lee, Helen)

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Defendant: Acting Commissioner Carolyn W. Colvin
Represented By:	SOCIAL SECURITY ADMINISTRATION - GENERIC
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Plaintiff: Barbara Fontanez
Represented By:	Nura Hassan-Skaden
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