Healy v. Social Security Administration
| Nicole D Healy, o/b/o "TAH", an infant and Nicole D. Healy |
| Commissioner of Social Security Administration |
| 1:2018cv01050 |
| September 24, 2018 |
| US District Court for the Western District of New York |
| David G Larimer |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. § 405 |
| None |
Docket Report
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This docket was last retrieved on February 26, 2020. A more recent docket listing may be available from PACER.
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Filing 21
STIPULATION AND ORDER awarding attorney fees. Signed by Hon. David G. Larimer on 2/25/20. (SG)
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Filing 20
JUDGMENT in favor of Nicole D. Healy against Commissioner of Social Security Administration. Signed by Mary C. Loewenguth, Clerk of Court on 1/28/20. (SG)
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Filing 19
DECISION AND ORDER I find that the ALJ's decision was not supported by substantial evidence. Healy's motion for judgment on the pleadings #10 is granted, the Commissioner's motion for judgment on the pleadings #17 is denied, and the matter is remanded for further proceedings consistent with this decision.On remand, the ALJ is directed to reconsider and reweigh the opinion of T.A.H.'s treating licensed mental health counselor Sharese Robertson in accordance with the appropriate regulations and guidelines, especially in light of her lengthy treating relationship with T.A.H., and provide a more detailed discussion of the consistency of Robertson's opinion with other record evidence.The Court also observes that the evidence of record suggests the potential applicability of Listing 112.11 to T.A.H. Therefore, on remand, the ALJ is also directed to assess whether T.A.H. is disabled pursuant to Listing 112.11, and to provide a detailed discussion of each of the requirements of the Listing and the pertinent evidence of record.Should the ALJ conclude that T.A.H. does not satisfy the requirements of Listing 112.11, the ALJ should reassess T.A.H.'s abilities in the various functional domains, taking into account his reassessment of Robertson's opinion. Specifically, the ALJ should provide sufficient explanations for his decision to credit certain evidence over other evidence, such as teacher questionnaires, especially where such evidence is equally weighted. Signed by Hon. David G. Larimer on 1/27/2020. (KAH)-CLERK TO FOLLOW UP-
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Filing 18
TEXT ORDER reassigning this action to District Judge David G. Larimer. Signed by Mary C. Loewenguth, Clerk of Court, on 10/16/19. (JHF)
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Filing 17
MOTION for Judgment on the Pleadings and in Response to Plaintiff's Brief Pursuant to Local Standing Order on Social Security Cases by Commissioner of Social Security Administration. (Attachments: #1 Memorandum in Support and in Response to Plaintiff's Brief Pursuant to Local Standing Order on Social Security Cases)(Meehan, Susan)
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Filing 16
NOTICE of Appearance by Susan Elaine Meehan on behalf of Commissioner of Social Security Administration (Meehan, Susan)
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Filing 15
TRANSCRIPT (Social Security) Supplemental Transcript. (Tankard, Francis)
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Filing 14
TEXT ORDER finding as moot #8 Motion for Extension of Time to File; granting #13 Motion for Extension of Time to File Response/Reply re #13 Consent MOTION for Extension of Time to File Response/Reply Responses due by 7/10/2019.Signed by Hon. Frank P. Geraci, Jr. on 6/10/19. (NNR)
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Filing 13
Consent MOTION for Extension of Time to File Response/Reply by Commissioner of Social Security Administration.(Tankard, Francis)
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Filing 12
NOTICE of Appearance by Francis D. Tankard on behalf of Commissioner of Social Security Administration (Tankard, Francis)
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Filing 11
CERTIFICATE OF SERVICE by Nicole D. Healy (Clary, Dennis)
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Filing 10
MOTION for Judgment on the Pleadings by Nicole D. Healy. (Attachments: #1 Memorandum in Support)(Clary, Dennis)
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Filing 9
TRANSCRIPT (Social Security) . (Santana, Johanny)
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Filing 8
MOTION for Extension of Time to File by Commissioner of Social Security Administration.(Cerrone, Michael)
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Filing 7
Summons Issued as to Commissioner of Social Security Administration, U.S. Attorney and U.S. Attorney General. (KLH)
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Filing 6
DECISION AND ORDER granting #2 Motion for Leave to Proceed in forma pauperis; that the Clerk is directed to file plaintiff's papers without payment of fees; and that service of papers, which may be done by certified mail, shall be performed by plaintiff's attorney. Signed by Hon. Frank P. Geraci, Jr. on 9/27/2018. (KLH)
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Filing 5
NOTICE of Appearance by Johanny Santana on behalf of Commissioner of Social Security Administration (Santana, Johanny)
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Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. (KLH)
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Case placed in Social Security Assignment Pool. (KLH)
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Filing 4
CONTINUATION OF EXHIBITS Civil Cover Sheet. (Clary, Dennis)
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Filing 3
CONTINUATION OF EXHIBITS Summons. (Clary, Dennis)
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Filing 2
MOTION for Leave to Proceed in forma pauperis by Nicole D Healy, o/b/o "TAH", an infant. (Attachments: #1 Affidavit)(Clary, Dennis)
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Filing 1
COMPLAINT against Commissioner of Social Security Administration, filed by Nicole D Healy, o/b/o "TAH", an infant.(Clary, Dennis)
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