Davila v. Commissioner of Social Security

Justia Dockets & Filings Sixth Circuit Ohio Northern District Davila v. Commissioner of Social Security

Davila v. Commissioner of Social Security

Plaintiff:	Ciara Davila
Defendant:	Commissioner of Social Security
Case Number:	1:2013cv00682
Filed:	March 28, 2013
Court:	US District Court for the Northern District of Ohio
Office:	Cleveland Office
County:	Cuyahoga
Presiding Judge:	Vernelis K. Armstrong
Presiding Judge:	Christopher A. Boyko
Nature of Suit:	Social Security: HIA
Cause of Action:	42 U.S.C. § 405 Review of HHS Decision
Jury Demanded By:	None

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Date Filed	Document Text
January 28, 2014	Filing 27 Memorandum Opinion and Order: The decision of the Commissioner is reversed and remanded pursuant to sentence four of 42 U.S.C. § 405(g). Upon remand, the Commissioner shall consider: (1) whether Plaintiff is disabled due to fibro myalgia using the standard set forth for analyzing that particular impairment; (2) the weight assigned to the opinion of Dr. Mendoza given his classification as a 34 treating physician; and (3) Plaintiffs credibility based on the two-prong test used when determining credibility based solely on allegations of pain. The Commissioner shall also include further explanation as to the weight assigned to the opinions of Ms. Herwig and Ms. Dillane. Related document 1 Complaint. Magistrate Judge Vernelis K. Armstrong on 1/28/2014. (B,TM)

Date Filed

Document Text

January 28, 2014

Filing 27 Memorandum Opinion and Order: The decision of the Commissioner is reversed and remanded pursuant to sentence four of 42 U.S.C. § 405(g). Upon remand, the Commissioner shall consider: (1) whether Plaintiff is disabled due to fibro myalgia using the standard set forth for analyzing that particular impairment; (2) the weight assigned to the opinion of Dr. Mendoza given his classification as a 34 treating physician; and (3) Plaintiffs credibility based on the two-prong test used when determining credibility based solely on allegations of pain. The Commissioner shall also include further explanation as to the weight assigned to the opinions of Ms. Herwig and Ms. Dillane. Related document 1 Complaint. Magistrate Judge Vernelis K. Armstrong on 1/28/2014. (B,TM)

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Defendant: Commissioner of Social Security
Represented By:	Heather T. Volosin
Represented By:	Social Security Administration - Philadelphia
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Plaintiff: Ciara Davila
Represented By:	Louise H. Mosher
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