Blair v. Colvin

Blair v. Colvin

Plaintiff:	Nisa Blair
Defendant:	Carolyn W Colvin
Case Number:	1:2016cv05983
Filed:	July 27, 2016
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Putnam
Presiding Judge:	Kevin Nathaniel Fox
Presiding Judge:	Richard J. Sullivan
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
September 27, 2017	Filing 18 ORDER ADOPTING REPORT AND RECOMMENDATION for 17 Report and Recommendations, 14 Motion for Judgment on the Pleadings filed by Carolyn W Colvin, 12 Motion for Judgment on the Pleadings filed by Nisa Blair. After conducting a thorough review of the record, the Court concludes that Magistrate Judge Fox's opinion - at least with respect to the ALJ's failure to develop the administrative record - is not facially erroneous. Accordingly, the Court adopts the Report and Recommenda tion with respect to remand, and, for the reasons set forth in the Report and Recommendation, grants Plaintiff's motion for judgment on the pleadings, denies Defendant's motion, reverses the judgment of the ALJ, and remands this matter to allow the ALJ to develop the record with functional assessments from Plaintiff's treating physicians. The Clerk of Court is respectfully directed to terminate the motions pending at docket numbers 12 and 14 and close this case, and as further set forth herein. (Signed by Judge Richard J. Sullivan on 9/27/2017) (ras)

Date Filed

Document Text

September 27, 2017

Filing 18 ORDER ADOPTING REPORT AND RECOMMENDATION for 17 Report and Recommendations, 14 Motion for Judgment on the Pleadings filed by Carolyn W Colvin, 12 Motion for Judgment on the Pleadings filed by Nisa Blair. After conducting a thorough review of the record, the Court concludes that Magistrate Judge Fox's opinion - at least with respect to the ALJ's failure to develop the administrative record - is not facially erroneous. Accordingly, the Court adopts the Report and Recommenda tion with respect to remand, and, for the reasons set forth in the Report and Recommendation, grants Plaintiff's motion for judgment on the pleadings, denies Defendant's motion, reverses the judgment of the ALJ, and remands this matter to allow the ALJ to develop the record with functional assessments from Plaintiff's treating physicians. The Clerk of Court is respectfully directed to terminate the motions pending at docket numbers 12 and 14 and close this case, and as further set forth herein. (Signed by Judge Richard J. Sullivan on 9/27/2017) (ras)

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Plaintiff: Nisa Blair
Represented By:	Lewis Bart Insler
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Defendant: Carolyn W Colvin
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