Meadors v. Astrue
| Maryann Meadors |
| Michael J. Astrue |
| 5:2007cv00623 |
| June 12, 2007 |
| US District Court for the Northern District of New York |
| Syracuse Office |
| Oswego |
| Gustave J. DiBianco |
| Lawrence E. Kahn |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. ยง 405 Review of HHS Decision (SSID) |
| None |
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Filing
30
DECISION and ORDERED, that consistent with the Second Circuits Mandate (Dkt. No. 28), the Courts June 16, 2009 Judgment (Dkt. No. 22) in the above captioned matter is AFFIRMED with regard to its finding affirming the ALJs limiting Plaintiffs severe i mpairment to her lower back pain with lumbar radiculopathy and is REVERSED with regard to its holding that the ALJ gave proper weight to Plaintiffs treating physicians opinion and applied the proper legal standard in assessing Plaintiffs credibility in his calculation of her RFC; and it is further ORDERED, that pursuant to the Second Circuits Mandate (Dkt. No. 28), this case is REMANDED so that the ALJ may afford Plaintiffs treating physicians opinion proper weight; employ the correct legal stan dard in assessing Plaintiffs subjective complaints of pain and calculation of her RFC; and, after conducting such inquiry determine whether consultation of a vocational expert is required. Signed by Senior Judge Lawrence E. Kahn on May 13, 2010. (sas)
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Filing
21
DECISION and ORDERED, that the Report-Recommendation (Dkt. No. 18) is APPROVED and ADOPTED in its ENTIRETY; and it is further ORDERED, that Defendants Motion for judgment on the pleadings is GRANTED; Plaintiffs Motion for judgment on the pleadings is DENIED; and the decision of the Commissioner is AFFIRMED. Signed by Senior Judge Lawrence E. Kahn on June 16, 2009. (sas)
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Filing
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REPORT AND RECOMMENDATIONS; Recommending Deft's Motion for Judgment on the Pleadings be GRANTED; Pltf's Motion for Judgment on the Pleadings be DENIED; and that the decision of the Commissioner be AFFIRMED. Objections to R&R due by 6/2/2009. Signed by Magistrate Judge Victor E. Bianchini on 5/17/09. (amt)
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| Plaintiff: Maryann Meadors | |
| Represented By: | Jaya Shurtliff |
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| Defendant: Michael J. Astrue | |
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