Green v. Commissioner of Social Security
||George R. Green
||Commissioner of Social Security
||October 2, 2008
||US District Court for the Southern District of New York
||Social Security: Black Lung Office
||Loretta A. Preska
|Nature of Suit:
|Cause of Action:
||U.S. Government Defendant
|Jury Demanded By:
||42:405 Review of HHS Decision (DIWC)
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|July 26, 2012
ORDER ADOPTING REPORT AND RECOMMENDATION for 15 Report and Recommendations, 8 Motion for Judgment filed by Commissioner of Social Security. Having found Judge Maas's analysis to be correct and appropriate upon de novo review, see Fed. R. Civ . P. 72(b), the Report and Recommendation is hereby adopted. Accordingly, the Commissioner's motion [dkt. no. 8] is granted in part and denied in part. The case is remanded solely to develop the record below and resolve the apparently inconsiste nt findings with respect to Plaintiff's residual functional capacity ("RFC") and the availability of jobs consistent with that RFC. The Clerk of the Court shall mark this action closed and all pending motions denied as moot. The Court shall retain jurisdiction over this matter, however, for the purpose of any appeal from further findings by the Administrative Law Judge. (Signed by Judge Loretta A. Preska on 7/25/2012) Copies Mailed By Chambers. (lmb)
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