Citro v. Colvin

Citro v. Colvin

Plaintiff:	Vincent Citro
Defendant:	Carolyn W. Colvin
Case Number:	1:2016cv06564
Filed:	August 18, 2016
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	New York
Presiding Judge:	Lorna G. Schofield
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
March 28, 2018	Filing 20 OPINION AND ORDER re: 14 CROSS MOTION for Judgment on the Pleadings filed by Carolyn W. Colvin, 12 MOTION for Judgment on the Pleadings . filed by Vincent Citro. For the foregoing reasons, plaintiff's motion is GR ANTED and the Commissioner's cross-motion is DENIED. The case shall be REMANDED for further consideration by the ALJ as to the weight he should assign to Dr. Malachovsky's opinion concerning sitting, standing, and absenteeism, and the ef fect of that analysis on the ALJ's conclusions regarding the plaintiff's RFC. On remand, should the ALJ schedule another consultative examination, the examiner must be provided with plaintiff's prior medical records, including relevant imaging. See 20 CFR § 416.917. (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 3/28/2018) (cf)

Date Filed

Document Text

March 28, 2018

Filing 20 OPINION AND ORDER re: 14 CROSS MOTION for Judgment on the Pleadings filed by Carolyn W. Colvin, 12 MOTION for Judgment on the Pleadings . filed by Vincent Citro. For the foregoing reasons, plaintiff's motion is GR ANTED and the Commissioner's cross-motion is DENIED. The case shall be REMANDED for further consideration by the ALJ as to the weight he should assign to Dr. Malachovsky's opinion concerning sitting, standing, and absenteeism, and the ef fect of that analysis on the ALJ's conclusions regarding the plaintiff's RFC. On remand, should the ALJ schedule another consultative examination, the examiner must be provided with plaintiff's prior medical records, including relevant imaging. See 20 CFR § 416.917. (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 3/28/2018) (cf)

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Plaintiff: Vincent Citro
Represented By:	Charles E Binder
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Defendant: Carolyn W. Colvin
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