McClinton v. Commissioner of Social Security
Plaintiff: Charlene McClinton
Defendant: Commissioner of Social Security
Case Number: 1:2013cv08904
Filed: December 16, 2013
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: Bronx
Presiding Judge: Michael H. Dolinger
Presiding Judge: Colleen McMahon
Nature of Suit: Disability Insurance
Cause of Action: 42 U.S.C. ยง 205
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
October 16, 2015 Opinion or Order Filing 24 MEMO ENDORSEMENT on 23 Report and Recommendations. ENDORSEMENT: I adopt Judge Dolinger's Report as my opinion. Case remanded. (Signed by Judge Colleen McMahon on 10/16/2015) (kgo)
September 2, 2015 Opinion or Order Filing 23 REPORT AND RECOMMENDATION re: 10 MOTION for Judgment on the Pleadings filed by Commissioner of Social Security. The ALJ failed in several significant ways to fulfill his obligation to evaluate the record and support his findings wi th substantial evidence. Specifically, he failed to acquire complete evidence regarding her treatment at North General and with Dr. Lee. The ALJ incorrectly applied the treating-physician rule with regard to Dr. Lee. He also failed to properly evalua te Ms. McClinton's credibility and allegations of pain, and the combined impact of her non-severe medical and psychiatric impairments. Finally, his determination at step five is inherently flawed because of its reliance on an RFC derived from th ese compounded errors. Accordingly, we conclude that remand is necessary to determine whether, in accordance with SSA regulations and case law, plaintiff qualifies for Supplemental Security Income benefits. On remand, the Commissioner should develop the record and then reconsider the issues discussed above in light of the totality of the evidence. Objections to R&R due by 9/21/2015 (Signed by Magistrate Judge Michael H. Dolinger on 9/02/2015) Copies Sent By Chambers. (ama) Modified on 9/2/2015 (ama).
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Plaintiff: Charlene McClinton
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Defendant: Commissioner of Social Security
Represented By: Susan D. Baird
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