Craig v. Commissioner of Social Security

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

Craig v. Commissioner of Social Security

Plaintiff:	Constance Craig
Defendant:	Commissioner of Social Security
Case Number:	1:2015cv04057
Filed:	May 27, 2015
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Bronx
Presiding Judge:	Jesse M. Furman
Presiding Judge:	Frank Maas
Nature of Suit:	Supplemental Security Income
Cause of Action:	42 U.S.C. § 405
Jury Demanded By:	None

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Date Filed	Document Text
November 22, 2016	Filing 17 OPINION AND ORDER re: 12 MOTION for Judgment on the Pleadings filed by Constance Craig. 14 CROSS MOTION for Judgment on the Pleadings filed by Commissioner of Social Security, For the foregoing reasons, Craig's motion for judgment on the pleadings is granted, the Commissioner's cross-motion is denied, and the case is remanded to the ALJ pursuant to sentence four of 42 U.S.C. § 405(g). Specifically, on remand, the ALJ should: Further develop the e videntiary record by soliciting treatment records from Dr. Hameedi in order to address Craig's mental functional limitations; Specify, upon further development of the record, what weight he affords to Dr. Hameedi's opinion, if it is not dee med controlling; Provide a comprehensive analysis for why he affords this particular weight to Dr. Hameedi's opinion, if it is not deemed controlling, based on the appropriate factors outlined above; Further develop the evidentiary record by sol iciting a completed medical questionnaire or similar testimony from Craig's treating physician(s) regarding her symptoms and functional limitations, or specify what weight he affords to Dr. Cohen's opinion; Reevaluate Craig's credibili ty based on further development of the record; and Consider Craig's submissions to the Appeals Council. The Clerk of the Court is directed to close docket entries 12 and 14, and to terminate this action. SO ORDERED. (Signed by Magistrate Judge James L. Cott on 11/22/2016) (ama)

Date Filed

Document Text

November 22, 2016

Filing 17 OPINION AND ORDER re: 12 MOTION for Judgment on the Pleadings filed by Constance Craig. 14 CROSS MOTION for Judgment on the Pleadings filed by Commissioner of Social Security, For the foregoing reasons, Craig's motion for judgment on the pleadings is granted, the Commissioner's cross-motion is denied, and the case is remanded to the ALJ pursuant to sentence four of 42 U.S.C. § 405(g). Specifically, on remand, the ALJ should: Further develop the e videntiary record by soliciting treatment records from Dr. Hameedi in order to address Craig's mental functional limitations; Specify, upon further development of the record, what weight he affords to Dr. Hameedi's opinion, if it is not dee med controlling; Provide a comprehensive analysis for why he affords this particular weight to Dr. Hameedi's opinion, if it is not deemed controlling, based on the appropriate factors outlined above; Further develop the evidentiary record by sol iciting a completed medical questionnaire or similar testimony from Craig's treating physician(s) regarding her symptoms and functional limitations, or specify what weight he affords to Dr. Cohen's opinion; Reevaluate Craig's credibili ty based on further development of the record; and Consider Craig's submissions to the Appeals Council. The Clerk of the Court is directed to close docket entries 12 and 14, and to terminate this action. SO ORDERED. (Signed by Magistrate Judge James L. Cott on 11/22/2016) (ama)

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Plaintiff: Constance Craig
Represented By:	Daniel Berger
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Defendant: Commissioner of Social Security
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