Urena v. Berryhill

Urena v. Berryhill

Plaintiff:	Merys Urena
Defendant:	Nancy A Berryhill
Case Number:	1:2018cv03645
Filed:	April 25, 2018
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	New York
Presiding Judge:	James L. Cott
Presiding Judge:	Paul A. Engelmayer
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
April 19, 2019	Filing 35 OPINION AND ORDER re: 27 MOTION for Judgment on the Pleadings filed by Nancy A Berryhill, 19 MOTION for Judgment on the Pleadings filed by Merys Urena. For the foregoing reasons, Urena's motion for judgment on the pleadings is granted in part, the Commissioner's cross-motion is denied, 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 rec ord as to Urena's treating psychiatrist Dr. Nunez; (2) assess the weight that should be given to Dr. Nunez's opinion upon a complete record and state explicitly what weight is being given to Dr. Nunez's opinion; (3) consider and weigh all the medical opinion evidence in the record with respect to the nature and severity of Urena's mental impairment in order to properly assess whether Urena has been under a disability since January 1, 2009; (4) hold a new hearing at which t he ALJ shall complete the necessary five-step analysis to determine Urena's eligibility for benefits; and (5) render a decision within 120 days of the date of this Opinion and Order. The Clerk is respectfully directed to close Docket Numbers 19 and 27, and enter judgment granting Urena's motion in part and denying the Commissioner's cross-motion, 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 4/19/2019) (mml) Transmission to Orders and Judgments Clerk for processing.

Date Filed

Document Text

April 19, 2019

Filing 35 OPINION AND ORDER re: 27 MOTION for Judgment on the Pleadings filed by Nancy A Berryhill, 19 MOTION for Judgment on the Pleadings filed by Merys Urena. For the foregoing reasons, Urena's motion for judgment on the pleadings is granted in part, the Commissioner's cross-motion is denied, 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 rec ord as to Urena's treating psychiatrist Dr. Nunez; (2) assess the weight that should be given to Dr. Nunez's opinion upon a complete record and state explicitly what weight is being given to Dr. Nunez's opinion; (3) consider and weigh all the medical opinion evidence in the record with respect to the nature and severity of Urena's mental impairment in order to properly assess whether Urena has been under a disability since January 1, 2009; (4) hold a new hearing at which t he ALJ shall complete the necessary five-step analysis to determine Urena's eligibility for benefits; and (5) render a decision within 120 days of the date of this Opinion and Order. The Clerk is respectfully directed to close Docket Numbers 19 and 27, and enter judgment granting Urena's motion in part and denying the Commissioner's cross-motion, 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 4/19/2019) (mml) Transmission to Orders and Judgments Clerk for processing.

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Plaintiff: Merys Urena
Represented By:	James M. Baker
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Defendant: Nancy A Berryhill
Represented By:	Joseph Anthony Pantoja
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