Provisero v. Colvin

Provisero v. Colvin

Plaintiff:	Samuel H. Provisero
Defendant:	Carolyn W. Colvin
Case Number:	2:2014cv01830
Filed:	March 19, 2014
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 (DIWC)
Jury Demanded By:	None

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Date Filed	Document Text
August 8, 2016	Filing 22 MEMORANDUM of DECISION & ORDER: SO ORDERED that the Court grants in part and denies in part the Plaintiff's motion under Fed. R. Civ. P. 12(c) for judgment on the pleadings; and grants in part and denies in part the Commissioner's analogous cross-motion. In particular, the Court finds that the portion of the Underlying Decision which found the Plaintiff to be capable of meeting the exertional demands of medium work during the Relevant Time Period was supported by substantial evidence i n the record. However, the portion of the Underlying Decision which found that there were jobs that existed in significant numbers in the national economy that the Plaintiff could have performed was unsupported by substantial evidence in the record. Accordingly, the ALJ's February 6, 2013 decision is vacated in part, and this matter is remanded for additional administrative proceedings to determine, and address on the record, whether, during the Relevant Time Period, the Plaintiff's ca pability to perform the full range of medium work was significantly diminished by the combined effects of his exertional and nonexertional limitations. If so, the ALJ is directed to develop the record with a view toward eliciting proof, through the t estimony of a vocational expert or other similar source, regarding the existence of jobs in the national economy that an individual with the Plaintiff's impairments and limitations, both exertional and nonexertional, could reasonably be expected to obtain and perform. Finally, after conducting this analysis, the ALJ is directed to reevaluate whether a departure from the Grids is warranted in determining the Plaintiff's disability status. The Clerk of the Court is respectfully directed to close this case. Ordered by Judge Arthur D. Spatt on 8/8/2016. (Florio, Lisa)

Date Filed

Document Text

August 8, 2016

Filing 22 MEMORANDUM of DECISION & ORDER: SO ORDERED that the Court grants in part and denies in part the Plaintiff's motion under Fed. R. Civ. P. 12(c) for judgment on the pleadings; and grants in part and denies in part the Commissioner's analogous cross-motion. In particular, the Court finds that the portion of the Underlying Decision which found the Plaintiff to be capable of meeting the exertional demands of medium work during the Relevant Time Period was supported by substantial evidence i n the record. However, the portion of the Underlying Decision which found that there were jobs that existed in significant numbers in the national economy that the Plaintiff could have performed was unsupported by substantial evidence in the record. Accordingly, the ALJ's February 6, 2013 decision is vacated in part, and this matter is remanded for additional administrative proceedings to determine, and address on the record, whether, during the Relevant Time Period, the Plaintiff's ca pability to perform the full range of medium work was significantly diminished by the combined effects of his exertional and nonexertional limitations. If so, the ALJ is directed to develop the record with a view toward eliciting proof, through the t estimony of a vocational expert or other similar source, regarding the existence of jobs in the national economy that an individual with the Plaintiff's impairments and limitations, both exertional and nonexertional, could reasonably be expected to obtain and perform. Finally, after conducting this analysis, the ALJ is directed to reevaluate whether a departure from the Grids is warranted in determining the Plaintiff's disability status. The Clerk of the Court is respectfully directed to close this case. Ordered by Judge Arthur D. Spatt on 8/8/2016. (Florio, Lisa)

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Defendant: Carolyn W. Colvin
Represented By:	SOCIAL SECURITY ADMINISTRATION - GENERIC
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Plaintiff: Samuel H. Provisero
Represented By:	Christopher James Bowes
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