Riddick v. Commissioner of Social Security

Justia Dockets & Filings Second Circuit New York Southern District Riddick v. Commissioner of Social Security

Riddick v. Commissioner of Social Security

Plaintiff:	Marc J. Riddick
Defendant:	Commissioner of Social Security
Case Number:	1:2014cv08453
Filed:	October 21, 2014
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	New York
Presiding Judge:	Ronnie Abrams
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
February 29, 2016	Filing 30 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)

Date Filed

Document Text

February 29, 2016

Filing 30 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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Plaintiff: Marc J. Riddick
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Defendant: Commissioner of Social Security
Represented By:	Joseph Anthony Pantoja
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