Miller v. Commissioner of the Social Security Administration

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

Miller v. Commissioner of the Social Security Administration

Plaintiff:	Karen A. Miller
Defendant:	Commissioner of the Social Security Administration
Case Number:	2:2013cv01648
Filed:	March 27, 2013
Court:	US District Court for the Eastern District of New York
Office:	Central Islip Office
Presiding Judge:	Arthur D. Spatt
Nature of Suit:	Social Security: DIWC/DIWW
Cause of Action:	42 U.S.C. § 405 Review of HHS Decision (DIWW)
Jury Demanded By:	None

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Date Filed	Document Text
December 30, 2013	Filing 24 MEMORANDUM OF DECISION AND ORDER - It is hereby ORDERED, that the Commissioners motion for judgment on the pleadings is denied; and it is further ORDERED, that the Plaintiffs cross-motion for judgment on the pleadings is granted in part and denied in part; and it is further ORDERED, that the decision of the Commissioner is reversed; and it is further ORDERED, that this case is remanded to the ALJ for further proceedings consistent with this Memorandum of Decision and Order. Specifically, on rema nd, the ALJ must consider all of the treating physicians submissions regarding the Plaintiffs disability, and if the ALJ chooses to discount those opinions, he must, as outlined in the case law and regulations, explain in detail his decision; and it is further ORDERED, that the Clerk is directed to close this case. So Ordered by Judge Arthur D. Spatt on 12/30/13. (Coleman, Laurie)

Date Filed

Document Text

December 30, 2013

Filing 24 MEMORANDUM OF DECISION AND ORDER - It is hereby ORDERED, that the Commissioners motion for judgment on the pleadings is denied; and it is further ORDERED, that the Plaintiffs cross-motion for judgment on the pleadings is granted in part and denied in part; and it is further ORDERED, that the decision of the Commissioner is reversed; and it is further ORDERED, that this case is remanded to the ALJ for further proceedings consistent with this Memorandum of Decision and Order. Specifically, on rema nd, the ALJ must consider all of the treating physicians submissions regarding the Plaintiffs disability, and if the ALJ chooses to discount those opinions, he must, as outlined in the case law and regulations, explain in detail his decision; and it is further ORDERED, that the Clerk is directed to close this case. So Ordered by Judge Arthur D. Spatt on 12/30/13. (Coleman, Laurie)

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Defendant: Commissioner of the Social Security Administration
Represented By:	SOCIAL SECURITY ADMINISTRATION - GENERIC
Represented By:	Candace Scott Appleton
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Plaintiff: Karen A. Miller
Represented By:	Aba Heiman
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