Campbell v. Colvin

Campbell v. Colvin

Plaintiff:	Joanne C. Campbell
Defendant:	Carolyn Colvin
Case Number:	5:2013cv00451
Filed:	April 23, 2013
Court:	US District Court for the Northern District of New York
Office:	Syracuse Office
County:	Onondaga
Presiding Judge:	David E. Peebles
Presiding Judge:	Frederick J. Scullin
Nature of Suit:	Social Security: RSI Tax Suits
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
January 6, 2015	Filing 33 ORDER - That the 32 Report-Recommendation of Magistrate Judge Earl S. Hines filed November 17, 2014 is ACCEPTED in its entirety for the reasons stated therein; and it is further ORDERED that the Commissioners decision is REVERSED, and the case is REMANDED pursuant to 42 U.S.C. § 405(g), sentence four, with instructions to admit into the evidentiary record the medical SUNY Health Sciences Center records that were looked at by the Appeals Council, but misplaced and not made part of the adm inistrative transcript (i.e., Doc. No. 17, Ex. B). The Commissioner is further instructed to (a) reassess credibility of treating physician opinion and subjective testimony in light of the new evidence and existing evidence from the consulting rheuma tologist, and (b) redetermine Campbells residual functional capacity, all without regard to whether objective corroborating evidence of fibromyalgia and its limiting functional effects exist. Signed by Chief Judge Gary L. Sharpe on 1/6/2015. (jel, )

Date Filed

Document Text

January 6, 2015

Filing 33 ORDER - That the 32 Report-Recommendation of Magistrate Judge Earl S. Hines filed November 17, 2014 is ACCEPTED in its entirety for the reasons stated therein; and it is further ORDERED that the Commissioners decision is REVERSED, and the case is REMANDED pursuant to 42 U.S.C. § 405(g), sentence four, with instructions to admit into the evidentiary record the medical SUNY Health Sciences Center records that were looked at by the Appeals Council, but misplaced and not made part of the adm inistrative transcript (i.e., Doc. No. 17, Ex. B). The Commissioner is further instructed to (a) reassess credibility of treating physician opinion and subjective testimony in light of the new evidence and existing evidence from the consulting rheuma tologist, and (b) redetermine Campbells residual functional capacity, all without regard to whether objective corroborating evidence of fibromyalgia and its limiting functional effects exist. Signed by Chief Judge Gary L. Sharpe on 1/6/2015. (jel, )

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Plaintiff: Joanne C. Campbell
Represented By:	Christopher D. Thorpe
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Defendant: Carolyn Colvin
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