Morales v. Berryhill

Morales v. Berryhill

Plaintiff:	Peter P. Morales
Defendant:	Nancy A Berryhill
Case Number:	1:2017cv09315
Filed:	November 28, 2017
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
Presiding Judge:	James L. Cott
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
December 6, 2018	Filing 22 OPINION AND ORDER re: 17 MOTION for Judgment on the Pleadings filed by Peter P. Morales. For the foregoing reasons, Morales' motion for judgment on the pleadings is granted in part, the Commissioner's cross-motion is grante d in part, and the case is remanded pursuant to sentence four of 42 U.S.C. § 405(g). On remand, the ALJ is instructed to take the following actions: (1) Fully develop the record regarding Morales' post-2014 work activity. (2) Fully develop the record for the period between 2008 and 2014, including obtaining the 2010 MRI and medical records from any treating physicians. (3) Assess the weight that should be given to Dr. Bioh's opinion in light of his treatment notes now availabl e in the record. (4) To the extent possible, obtain physical therapy records since October 7, 2002. (5) Obtain all treatment notes from Dr. Palvia, and obtain an RFC opinion from Dr. Kohler; assess the weight that should be given to their opinions. (6) Hold a new hearing at which the ALJ shall call a vocational expert to testify; obtain a new consultative examination from a physician who will have access to the full record and who will physically examine Morales; reassess Morales' credib ility; and complete the necessary five-step analysis to determine Morales' eligibility for benefits. (7) Render a decision within 120 days of the date of this Opinion and Order. The Clerk is respectfully directed to close Docket Number 17, and enter judgment granting Morales' motion in part and the Commissioner's cross-motion in part, and to reverse the determination of the Commissioner and remand this case for further administrative proceedings. SO ORDERED. (Signed by Magistrate Judge James L. Cott on 12/6/2018) (ne) Transmission to Orders and Judgments Clerk for processing.

Date Filed

Document Text

December 6, 2018

Filing 22 OPINION AND ORDER re: 17 MOTION for Judgment on the Pleadings filed by Peter P. Morales. For the foregoing reasons, Morales' motion for judgment on the pleadings is granted in part, the Commissioner's cross-motion is grante d in part, and the case is remanded pursuant to sentence four of 42 U.S.C. § 405(g). On remand, the ALJ is instructed to take the following actions: (1) Fully develop the record regarding Morales' post-2014 work activity. (2) Fully develop the record for the period between 2008 and 2014, including obtaining the 2010 MRI and medical records from any treating physicians. (3) Assess the weight that should be given to Dr. Bioh's opinion in light of his treatment notes now availabl e in the record. (4) To the extent possible, obtain physical therapy records since October 7, 2002. (5) Obtain all treatment notes from Dr. Palvia, and obtain an RFC opinion from Dr. Kohler; assess the weight that should be given to their opinions. (6) Hold a new hearing at which the ALJ shall call a vocational expert to testify; obtain a new consultative examination from a physician who will have access to the full record and who will physically examine Morales; reassess Morales' credib ility; and complete the necessary five-step analysis to determine Morales' eligibility for benefits. (7) Render a decision within 120 days of the date of this Opinion and Order. The Clerk is respectfully directed to close Docket Number 17, and enter judgment granting Morales' motion in part and the Commissioner's cross-motion in part, and to reverse the determination of the Commissioner and remand this case for further administrative proceedings. SO ORDERED. (Signed by Magistrate Judge James L. Cott on 12/6/2018) (ne) Transmission to Orders and Judgments Clerk for processing.

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Plaintiff: Peter P. Morales
Represented By:	James M. Baker
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Defendant: Nancy A Berryhill
Represented By:	Joseph Anthony Pantoja
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