Wider v. Colvin

Wider v. Colvin

Plaintiff:	Ray Wider
Defendant:	Carolyn W. Colvin
Case Number:	2:2015cv02413
Filed:	April 28, 2015
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: 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 29, 2017	Filing 34 MEMORANDUM OF DECISION & ORDER - As the Defendants only objections pertained to Section V-A-3 of the R&R, the Court reviews the rest of the R&R for clear error. Lewis, 573 F. Supp. 2d at 811; Nelson, 618 F. Supp. at 1189. The Court finds no clear err or. Furthermore, after a de novo review, the Court agrees with the reasoning and result of Section V-A-3, except for that portion which recommends remand for application of the treating physician rule to N.P. Payette. Therefore, the Court adopts the R&R in its entirety with the exception of the discussion of N.P. Payette. As discussed above, N.P. Payette was unable to give a medical opinion, and on remand the ALJ need not ascribe any weight to her opinions. Accordingly, the Plaintiffs motion for a judgment on the pleadings pursuant to Rule 12(c) is granted in part; and the Commissioners motion for a judgment on the pleadings pursuant to Rule 12(c) is denied. The case is remanded for further proceedings consistent with this opinion. The Clerk of the Court is respectfully directed to close this case. So Ordered by Judge Arthur D. Spatt on 3/29/2017. (Coleman, Laurie)

Date Filed

Document Text

March 29, 2017

Filing 34 MEMORANDUM OF DECISION & ORDER - As the Defendants only objections pertained to Section V-A-3 of the R&R, the Court reviews the rest of the R&R for clear error. Lewis, 573 F. Supp. 2d at 811; Nelson, 618 F. Supp. at 1189. The Court finds no clear err or. Furthermore, after a de novo review, the Court agrees with the reasoning and result of Section V-A-3, except for that portion which recommends remand for application of the treating physician rule to N.P. Payette. Therefore, the Court adopts the R&R in its entirety with the exception of the discussion of N.P. Payette. As discussed above, N.P. Payette was unable to give a medical opinion, and on remand the ALJ need not ascribe any weight to her opinions. Accordingly, the Plaintiffs motion for a judgment on the pleadings pursuant to Rule 12(c) is granted in part; and the Commissioners motion for a judgment on the pleadings pursuant to Rule 12(c) is denied. The case is remanded for further proceedings consistent with this opinion. The Clerk of the Court is respectfully directed to close this case. So Ordered by Judge Arthur D. Spatt on 3/29/2017. (Coleman, Laurie)

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Defendant: Carolyn W. Colvin
Represented By:	Candace Scott Appleton
Represented By:	SOCIAL SECURITY ADMINISTRATION - GENERIC
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Plaintiff: Ray Wider
Represented By:	Alexandra Kim Michalowicz
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