Scott v. Barnhart

Scott v. Barnhart

Plaintiff:	Mary Scott
Defendant:	Jo Anne B. Barnhart
Case Number:	6:2007cv06561
Filed:	November 14, 2007
Court:	US District Court for the Western District of New York
Office:	Rochester Office
County:	Monroe
Presiding Judge:	David G. Larimer
Nature of Suit:	Social Security: DIWC/DIWW
Cause of Action:	42 U.S.C. § 405 Review of HHS Decision (DIWC)
Jury Demanded By:	None

Follow case documents by RSS

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed	Document Text
January 8, 2009	Filing 9 ORDER remanding the case once again to the Commissioner for a thorough and appropriate evaluation of the evidence, but instructs that it be considered on an expedited basis, before an ALJ not previously involved in the case.Plaintiffs cross motion fo r summary judgment 8 is granted in part, the Commissioners motion for summary judgment 5 is denied, and the matter is remanded for further proceedings consistent with this Order and the May 4, 2006 Order of the Appeals Council, including but not limited to a reevaluation of plaintiffs RFC which affords controlling weight to the opinions of plaintiffs treating physicians. (Tr. 782-784).Given the unreasonably lengthy pendency of this matter and the unusual breadth and repetition of the procee dings that have already taken place, the Commissioner is instructed to complete all proceedings and issue a final determination an expedited basis, within 90 days of the date of this order. The case is reversed and remanded for a new Administrative Hearing before an Administrative Law Judge who has not been previously involved in the case. ***CLERK TO FOLLOW UP. Signed by Hon. David G. Larimer on 1/8/09. (EMA)

Date Filed

Document Text

January 8, 2009

Filing 9 ORDER remanding the case once again to the Commissioner for a thorough and appropriate evaluation of the evidence, but instructs that it be considered on an expedited basis, before an ALJ not previously involved in the case.Plaintiffs cross motion fo r summary judgment 8 is granted in part, the Commissioners motion for summary judgment 5 is denied, and the matter is remanded for further proceedings consistent with this Order and the May 4, 2006 Order of the Appeals Council, including but not limited to a reevaluation of plaintiffs RFC which affords controlling weight to the opinions of plaintiffs treating physicians. (Tr. 782-784).Given the unreasonably lengthy pendency of this matter and the unusual breadth and repetition of the procee dings that have already taken place, the Commissioner is instructed to complete all proceedings and issue a final determination an expedited basis, within 90 days of the date of this order. The case is reversed and remanded for a new Administrative Hearing before an Administrative Law Judge who has not been previously involved in the case. ***CLERK TO FOLLOW UP. Signed by Hon. David G. Larimer on 1/8/09. (EMA)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the New York Western District Court's Electronic Court Filings (ECF) System

Search for this case: Scott v. Barnhart
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Web	[ Unicourt \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Plaintiff: Mary Scott
Represented By:	Mark M. McDonald
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Defendant: Jo Anne B. Barnhart
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?