Ryan v. Commissioner of Social Security
||June 3, 2021
||US District Court for the Western District of New York
|Nature of Suit:
||Social Security: DIWC/DIWW
|Cause of Action:
||42:405 Review of HHS Decision (DIWC)
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|June 3, 2021
DECISION AND ORDER Plaintiff's motion to vacate the ALJ's decision and remand the matter 9 is granted, and the Commissioner's cross motion for judgment on the pleadings 12 is denied. This matter is remanded for further proceedings, for the limited purpose of reassessing the existence and impact of plaintiff's exertional, postural and environmental limitations, beginning with a Step 2 redetermination of whether any of plaintiff's physical diagnoses and conditions (inc luding but not limited to scoliosis and asthma) are severe impairments, and a reassessment of plaintiff's RFC, to include analysis of whether and to what extent plaintiff's severe and non-severe physical diagnoses and conditions impose limitations on her ability to perform work-related functions. Signed by Hon. David G. Larimer on 6/3/2021. (KAH)-CLERK TO FOLLOW UP-
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