Nolina v. Colvin

Nolina v. Colvin

Plaintiff:	Maria A. Nolina
Defendant:	Carolyn W. Colvin
Case Number:	1:2015cv08088
Filed:	October 14, 2015
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	New York
Presiding Judge:	James L. Cott
Presiding Judge:	Katherine Polk Failla
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
December 20, 2016	Filing 23 OPINION AND ORDER: For the reasons discussed above, the Court remands this case for further proceedings that are consistent with this Opinion and Order. On remand, the ALJ should: 1. Elicit and assess the rationale and evidence underlying Dr. Brust& #039;s opinions or, in the alternative, the opinions of any other expert retained by the Commissioner; 2. Develop the record with respect to the credentials of Dr. Mindell, or any other speech-language pathologist who is presently treating M, to det ermine if the person qualifies as a treating physician and, if so, apply the treating physician rule; 3. More thoroughly question both M and her mother; 4. Analyze whether M's language impairment affects her functioning in the domain of Interact ing and Relating with Others; and 5. Address the significance of M's CELF-4 scores on her functioning in the domains of Acquiring and Using Information and Interacting and Relating with Others. The Clerk is respectfully directed to close Docket No. 21 and to enter judgment remanding this case pursuant to sentence four of 42 U.S.C. § 405(g). (Signed by Magistrate Judge James L. Cott on 12/20/2016) (kgo)

Date Filed

Document Text

December 20, 2016

Filing 23 OPINION AND ORDER: For the reasons discussed above, the Court remands this case for further proceedings that are consistent with this Opinion and Order. On remand, the ALJ should: 1. Elicit and assess the rationale and evidence underlying Dr. Brust& #039;s opinions or, in the alternative, the opinions of any other expert retained by the Commissioner; 2. Develop the record with respect to the credentials of Dr. Mindell, or any other speech-language pathologist who is presently treating M, to det ermine if the person qualifies as a treating physician and, if so, apply the treating physician rule; 3. More thoroughly question both M and her mother; 4. Analyze whether M's language impairment affects her functioning in the domain of Interact ing and Relating with Others; and 5. Address the significance of M's CELF-4 scores on her functioning in the domains of Acquiring and Using Information and Interacting and Relating with Others. The Clerk is respectfully directed to close Docket No. 21 and to enter judgment remanding this case pursuant to sentence four of 42 U.S.C. § 405(g). (Signed by Magistrate Judge James L. Cott on 12/20/2016) (kgo)

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Plaintiff: Maria A. Nolina
Represented By:	James M. Baker
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Defendant: Carolyn W. Colvin
Represented By:	Rebecca Hope Estelle
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