Urena v. Colvin
||Carolyn W. Colvin
||June 6, 2016
||US District Court for the Southern District of New York
||Foley Square Office
||Katherine B. Forrest
|Nature of Suit:
|Cause of Action:
||42 U.S.C. § 405
|Jury Demanded By:
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|May 16, 2017
MEMORANDUM DECISION & ORDER granting 15 Motion for Judgment on the Pleadings; denying 20 Motion for Judgment on the Pleadings. Plaintiff Merys Urena seeks review, pursuant to 42 U.S.C. § 405(g), of the decision by defendant Commi ssioner of Social Security ("Commissioner"), finding that she was not disabled and not entitled to Disability Insurance Benefits under Title II of the Social Security Act and Supplemental Security Income benefits under Title XVI o f the Social Security Act. The parties have filed cross-motions for judgment on the pleadings. Plaintiff argues that the Commissioner made several errors in her decision and requests that the decision be reversed and plaintiff's claim be rem anded for an award and calculation of benefits or, in the alternative, for further proceedings. The Commissioner opposes, arguing that the decision was legally correct and supported by substantial evidence. For the reasons set forth below, the Court GRANTS plaintiff Urena's motion for judgment on the pleadings and DENIES the Commissioner's cross-motion for judgment on the pleadings. The Court finds that there are gaps in the administrative record that were not properly devel oped by the ALJ-specifically, those concerning Dr. Nunez's treatment notes and Mental Status Examination ("MSE") findings. Accordingly, as described herein, this case is remanded for further proceedings consistent with this Opinion. (As further set forth in this Memorandum Decision & Order.) (Signed by Judge Katherine B. Forrest on 5/16/2017) (mro)
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