Riddick v. Commissioner of Social Security
||Marc J. Riddick
||Commissioner of Social Security
||October 21, 2014
||US District Court for the Southern District of New York
||Foley Square Office
|Nature of Suit:
|Cause of Action:
|Jury Demanded By:
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|February 29, 2016
ORDER AND OPINION re: 18 MOTION for Judgment on the Pleadings filed by Commissioner of Social Security, 26 MOTION for Judgment on the Pleadings filed by Marc J. Riddick. The Commissioner's motion is DENIED, Riddick's mot ion is GRANTED, and the case is REMANDED to the Commissioner for further development of the record. For the reasons set forth above, the Court GRANTS Riddick's motion for judgment on the pleadings and REMANDS this case to the Commissioner for reconsideration in accordance with this Order and Opinion. On remand, the ALJ must develop the record of medical evidence of Riddick's hip impairment by obtaining treatment notes from Dr. Leali and opinions from treating and/or consulting physic ians that interpret Riddick's diagnostic testing. Furthermore, the ALJ must consider and evaluate the credibility of Riddick's testimony regarding his subjective symptoms of pain and the effectiveness of his medication. (As further set forth in this Order.) (Signed by Magistrate Judge Ronald L. Ellis on 2/29/2016) (kko)
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