Fiedler v. Colvin
||Carolyn W. Colvin
||January 24, 2014
||US District Court for the Eastern District of New York
||Central Islip Office
||Arthur D. Spatt
|Nature of Suit:
||Social Security: DIWC/DIWW
|Cause of Action:
||42:405 Review of HHS Decision (DIWC)
|Jury Demanded By:
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|September 30, 2014
MEMORANDUM OF DECISION AND ORDER denying 16 Motion for Judgment on the Pleadings; granting in part and denying in part 18 Motion for Judgment on the Pleadings; For the reasons set forth above, the Commissioners motion for judgment on the plead ings is denied and the Plaintiffs cross-motion for judgment on the pleadings and for attorneys fees expended in connection with this appeal is granted in part and denied in part. In particular, viewing the record as a whole, the Court finds that th e ALJ failed to adequately justify that part of his decision discounting (1) the Plaintiffs subjective complaints of pain and (2) those portions of Dr. Ruggieros opinion favorable to the Plaintiff. To be sure, the Court is not finding that the ALJs d etermination was not supported by substantial evidence. Rather, the Court is finding that further clarification of the ALJ decision is necessary. Remand for further consideration... is the proper course when, [as here]... further findings and explana tions would clarify the ALJs decision. Amrod v. Commr of Soc. Sec., 5:08-CV-464 (DNH), 2010 WL 55934, at *20 n. 21 (N.D.N.Y. Jan. 5, 2010). Therefore, pursuant to the fourth sentence of 42 U.S.C. § 405(g), the Commissioners decision is reversed, in part, and this matter is remanded to the Commissioner for further proceedings consistent with this opinion. In particular, the Court directs the ALJ to accord greater weight to the (1) Plaintiffs subjective complaints of pain or more fully expla in his reasons for not doing so and (2) above-mentioned portions of Dr. Ruggieros opinion, or more fully explain his reasons for not doing so. The ALJ need not conduct a new hearing; rather, the ALJ may base his decision on the existing record. The court denies that part of the Plaintiff's motion for attorney's fees. The Clerk of the Court is directed to close this case. So Ordered by Judge Arthur D. Spatt on 9/30/14. C/ECF Judgment Clerk. (Coleman, Laurie)
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