Sayles v. Colvin

Sayles v. Colvin

Plaintiff:	Vincent Sayles
Defendant:	Carolyn W. Colvin
Case Number:	1:2013cv06129
Filed:	August 30, 2013
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	New York
Presiding Judge:	Richard J. Sullivan
Nature of Suit:	Disability Insurance
Cause of Action:	42 U.S.C. § 405
Jury Demanded By:	None

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Date Filed	Document Text
September 16, 2014	Filing 21 ORDER ADOPTING REPORT AND RECOMMENDATION adopting 19 Report and Recommendations; denying 15 Motion for Judgment on the Pleadings filed by Carolyn W. Colvin; granting 17 Motion for Judgment on the Pleadings filed by Vincent Sayles. Having reviewed Judge Maas's comprehensive and well-written forty-five-page Report, the Court finds that the reasoning and conclusions set forth therein are not facially or clearly erroneous. The Court agrees (1) that "the ALJ failed to make a determination as to Sayles' ability to stoop or his need to alternate between sitting and standing," (Report at 1), and (2) that "such findings have a bearing on the Step Five determination," (id.). Accordingly, the Court adopts the Report in its entirety. IT IS HEREBY ORDERED that Plaintiff's motion for judgment on the pleadings is GRANTED, Defendant's motion for judgment on the pleadings is DENIED, and the case is REMANDED to the ALJ pursuant to 42 U.S.C. § 405(g). The Clerk of the Court is respectfully directed to terminate the motions pending at Doc. Nos. 15 and 17 and to close this case. (Signed by Judge Richard J. Sullivan on 9/16/2014) (mro)

Date Filed

Document Text

September 16, 2014

Filing 21 ORDER ADOPTING REPORT AND RECOMMENDATION adopting 19 Report and Recommendations; denying 15 Motion for Judgment on the Pleadings filed by Carolyn W. Colvin; granting 17 Motion for Judgment on the Pleadings filed by Vincent Sayles. Having reviewed Judge Maas's comprehensive and well-written forty-five-page Report, the Court finds that the reasoning and conclusions set forth therein are not facially or clearly erroneous. The Court agrees (1) that "the ALJ failed to make a determination as to Sayles' ability to stoop or his need to alternate between sitting and standing," (Report at 1), and (2) that "such findings have a bearing on the Step Five determination," (id.). Accordingly, the Court adopts the Report in its entirety. IT IS HEREBY ORDERED that Plaintiff's motion for judgment on the pleadings is GRANTED, Defendant's motion for judgment on the pleadings is DENIED, and the case is REMANDED to the ALJ pursuant to 42 U.S.C. § 405(g). The Clerk of the Court is respectfully directed to terminate the motions pending at Doc. Nos. 15 and 17 and to close this case. (Signed by Judge Richard J. Sullivan on 9/16/2014) (mro)

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Plaintiff: Vincent Sayles
Represented By:	Howard David Olinsky
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Defendant: Carolyn W. Colvin
Represented By:	Leslie A. Ramirez-Fisher
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