Santiago v. Berryhill

Santiago v. Berryhill

Plaintiff:	Jimmy Santiago
Defendant:	Nancy Berryhill
Case Number:	1:2017cv05149
Filed:	July 7, 2017
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
Presiding Judge:	Lorna G. Schofield
Nature of Suit:	Retirement and Survivors Benefits
Cause of Action:	42 U.S.C. § 405
Jury Demanded By:	None

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Date Filed	Document Text
September 14, 2018	Filing 17 OPINION AND ORDER: re: 11 MOTION for Summary Judgment filed by Jimmy Santiago, 13 CROSS MOTION for Judgment on the Pleadings filed by Nancy Berryhill, 9 MOTION for Summary Judgment filed by Jimmy Santiago. For the foregoing reasons, the conclus ions in the Report as to the ALJ's application of the treating physician rule, and the recommendation to grant Defendant's motion, are rejected. Accordingly, the Commissioner's motion for judgment on the pleadings is DENIED, and Plaint iff's motion for summary judgment is GRANTED insofar as the case is REMANDED to the ALJ pursuant to 42 U.S.C. §405(g) for further proceedings consistent with this opinion. The Clerk of Court is directed to close the motions at docket number 9, 11 and 13 and to close the case. (Signed by Judge Lorna G. Schofield on 9/14/2018) (ama) Transmission to Orders and Judgments Clerk for processing.
August 14, 2018	Filing 15 REPORT AND RECOMMENDATION re: 11 MOTION for Summary Judgment . filed by Jimmy Santiago, 13 CROSS MOTION for Judgment on the Pleadings filed by Nancy Berryhill. For the foregoing reasons, I respectfully recommend that the Commissioner's motion for judgment on the pleadings be granted and that Plaintiff's motion for summary judgment be denied. Objections to R&R due by 8/28/2018 (Signed by Magistrate Judge Ona T. Wang on 8/14/2018) (rro)

Date Filed

Document Text

September 14, 2018

Filing 17 OPINION AND ORDER: re: 11 MOTION for Summary Judgment filed by Jimmy Santiago, 13 CROSS MOTION for Judgment on the Pleadings filed by Nancy Berryhill, 9 MOTION for Summary Judgment filed by Jimmy Santiago. For the foregoing reasons, the conclus ions in the Report as to the ALJ's application of the treating physician rule, and the recommendation to grant Defendant's motion, are rejected. Accordingly, the Commissioner's motion for judgment on the pleadings is DENIED, and Plaint iff's motion for summary judgment is GRANTED insofar as the case is REMANDED to the ALJ pursuant to 42 U.S.C. §405(g) for further proceedings consistent with this opinion. The Clerk of Court is directed to close the motions at docket number 9, 11 and 13 and to close the case. (Signed by Judge Lorna G. Schofield on 9/14/2018) (ama) Transmission to Orders and Judgments Clerk for processing.

August 14, 2018

Filing 15 REPORT AND RECOMMENDATION re: 11 MOTION for Summary Judgment . filed by Jimmy Santiago, 13 CROSS MOTION for Judgment on the Pleadings filed by Nancy Berryhill. For the foregoing reasons, I respectfully recommend that the Commissioner's motion for judgment on the pleadings be granted and that Plaintiff's motion for summary judgment be denied. Objections to R&R due by 8/28/2018 (Signed by Magistrate Judge Ona T. Wang on 8/14/2018) (rro)

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Plaintiff: Jimmy Santiago
Represented By:	Joseph Albert Romano
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Defendant: Nancy Berryhill
Represented By:	Fergus John Kaiser
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