Bailey v. Commissioner of Social Security

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

Bailey v. Commissioner of Social Security

Plaintiff:	Gary A Bailey
Defendant:	Commissioner of Social Security
Case Number:	1:2015cv09287
Filed:	November 23, 2015
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Westchester
Presiding Judge:	Ronald L. Ellis
Presiding Judge:	Laura Taylor Swain
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
March 24, 2017	Filing 28 MEMORANDUM OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION IN PART adopting in part 22 Report and Recommendation, re: 20 CROSS MOTION for Judgment on the Pleadings filed by Commissioner of Social Security, 16 MOTION for Judgment on the Pleadings filed by Gary A Bailey. The Court has also reviewed the portions of Judge Ellis's thorough and well-reasoned Report to which Defendant has not objected and finds no clear error. Accordingly, th e Court adopts the Report, except insofar as it instructs the ALJ to treat the records of Dr. Jindal, Dr. Colman, and Dr. Koszer as medical opinions on remand. The Government's objection to the Report's characterization of that evidenc e is sustained, and its objection to the Report's conclusions concerning the RFC assessment is overruled. The decision of the Commissioner is, accordingly, reversed and the matter is remanded pursuant to sentence four of 42 U.S.C. § 4 05(g) for further proceedings consistent with the Report and this Memorandum Order. The Commissioner is directed to determine the proper weight to be accorded the medical opinions that are of record and to fill any clear gaps in the administ rative record. Bailey's motion is granted, and the Commissioner's motion is denied. This Memorandum Opinion and Order resolves docket entry nos. 16 and 20. The Clerk of Court is instructed to enter judgment accordingly and close this case. (As further set forth in this Memorandum Opinion and Order Adopting Report and Recommendation in Part.) (Signed by Judge Laura Taylor Swain on 3/24/2017) (mro)

Date Filed

Document Text

March 24, 2017

Filing 28 MEMORANDUM OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION IN PART adopting in part 22 Report and Recommendation, re: 20 CROSS MOTION for Judgment on the Pleadings filed by Commissioner of Social Security, 16 MOTION for Judgment on the Pleadings filed by Gary A Bailey. The Court has also reviewed the portions of Judge Ellis's thorough and well-reasoned Report to which Defendant has not objected and finds no clear error. Accordingly, th e Court adopts the Report, except insofar as it instructs the ALJ to treat the records of Dr. Jindal, Dr. Colman, and Dr. Koszer as medical opinions on remand. The Government's objection to the Report's characterization of that evidenc e is sustained, and its objection to the Report's conclusions concerning the RFC assessment is overruled. The decision of the Commissioner is, accordingly, reversed and the matter is remanded pursuant to sentence four of 42 U.S.C. § 4 05(g) for further proceedings consistent with the Report and this Memorandum Order. The Commissioner is directed to determine the proper weight to be accorded the medical opinions that are of record and to fill any clear gaps in the administ rative record. Bailey's motion is granted, and the Commissioner's motion is denied. This Memorandum Opinion and Order resolves docket entry nos. 16 and 20. The Clerk of Court is instructed to enter judgment accordingly and close this case. (As further set forth in this Memorandum Opinion and Order Adopting Report and Recommendation in Part.) (Signed by Judge Laura Taylor Swain on 3/24/2017) (mro)

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Plaintiff: Gary A Bailey
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Defendant: Commissioner of Social Security
Represented By:	Amanda Frances Parsels
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