Velez v. Berryhill

Velez v. Berryhill

Plaintiff:	Pedro Juan Velez
Defendant:	Nancy A. Berryhill
Case Number:	1:2017cv06551
Filed:	August 28, 2017
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
Presiding Judge:	Barbara C. Moses
Presiding Judge:	Alison J. Nathan
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 25, 2018	Filing 21 MEMORANDUM AND ORDER granting 15 Motion for Judgment on the Pleadings; denying 19 Motion for Judgment on the Pleadings. Plaintiff Pedro Juan Velez brings this action pursuant to § 205(g) of the Social Security Act (the Act), 42 U.S.C. 67; 405(g), seeking judicial review of a final determination of the Commissioner of Social Security (the Commissioner) denying his application for Disability Insurance Benefits (DIB). Both parties have moved for judgment on the pleadings. Because the Administrative Law Judge (ALJ) failed to provide good reasons for crediting the opinion of a non-examining medical expert over the opinion of plaintiff's treating psychiatrist as to his mental impairments, and gave no reasons at all for re jecting the opinion of plaintiff's primary care physician as to his physical impairments, as further set forth in this Order. For the foregoing reasons, plaintiff's motion is GRANTED, the Commissioner's motion is DENIED, and this action is REMANDED for further proceedings consistent with this Order. (Signed by Magistrate Judge Barbara C. Moses on 9/25/2018) (cf) Transmission to Orders and Judgments Clerk for processing.

Date Filed

Document Text

September 25, 2018

Filing 21 MEMORANDUM AND ORDER granting 15 Motion for Judgment on the Pleadings; denying 19 Motion for Judgment on the Pleadings. Plaintiff Pedro Juan Velez brings this action pursuant to § 205(g) of the Social Security Act (the Act), 42 U.S.C. 67; 405(g), seeking judicial review of a final determination of the Commissioner of Social Security (the Commissioner) denying his application for Disability Insurance Benefits (DIB). Both parties have moved for judgment on the pleadings. Because the Administrative Law Judge (ALJ) failed to provide good reasons for crediting the opinion of a non-examining medical expert over the opinion of plaintiff's treating psychiatrist as to his mental impairments, and gave no reasons at all for re jecting the opinion of plaintiff's primary care physician as to his physical impairments, as further set forth in this Order. For the foregoing reasons, plaintiff's motion is GRANTED, the Commissioner's motion is DENIED, and this action is REMANDED for further proceedings consistent with this Order. (Signed by Magistrate Judge Barbara C. Moses on 9/25/2018) (cf) Transmission to Orders and Judgments Clerk for processing.

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Plaintiff: Pedro Juan Velez
Represented By:	Anselmo A. Alegria
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Defendant: Nancy A. Berryhill
Represented By:	Sergei Aden
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