Collins v. Commissioner of the Social Security Administration

Justia Dockets & Filings Second Circuit New York Eastern District Collins v. Commissioner of the Social Security Administration

Collins v. Commissioner of the Social Security Administration

Plaintiff:	Timothy Joseph Collins
Defendant:	Commissioner of the Social Security Administration
Case Number:	2:2011cv05023
Filed:	October 13, 2011
Court:	US District Court for the Eastern District of New York
Office:	Central Islip Office
Presiding Judge:	Sandra J. Feuerstein
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 MEMORANDUM & ORDER denying 11 Motion for Judgment on the Pleadings. For the reasons set forth in the attached Memorandum & Order, Defendant's motion for judgment on the pleadings is denied. The Court finds that the ALJ committed legal error when he failed to fulfill his affirmative duty to develop the record before determining the weight to give the treating physician's opinion. The Commissioner's decision is reversed, and this action is remanded for further administrative proceedings pursuant to the fourth sentence of 42 U.S.C. § 405(g). The Clerk of Court is directed to close this case. Ordered by Judge Margo K. Brodie on 3/22/2013. (Lee, Margaret)

Date Filed

Document Text

March 22, 2013

Filing 17 MEMORANDUM & ORDER denying 11 Motion for Judgment on the Pleadings. For the reasons set forth in the attached Memorandum & Order, Defendant's motion for judgment on the pleadings is denied. The Court finds that the ALJ committed legal error when he failed to fulfill his affirmative duty to develop the record before determining the weight to give the treating physician's opinion. The Commissioner's decision is reversed, and this action is remanded for further administrative proceedings pursuant to the fourth sentence of 42 U.S.C. § 405(g). The Clerk of Court is directed to close this case. Ordered by Judge Margo K. Brodie on 3/22/2013. (Lee, Margaret)

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Plaintiff: Timothy Joseph Collins
Represented By:	Steven P. Lerner
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Defendant: Commissioner of the Social Security Administration
Represented By:	Vincent Lipari
Represented By:	SOCIAL SECURITY ADMINISTRATION - GENERIC
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