Morder v. Colvin

Morder v. Colvin

Plaintiff:	Kevin Morder
Defendant:	Carolyn W. Colvin
Case Number:	3:2016cv00213
Filed:	February 7, 2016
Court:	U.S. District Court for the Middle District of Pennsylvania
Office:	Scranton Office
County:	Dauphin
Presiding Judge:	Richard P. Conaboy
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
October 24, 2016	Filing 20 MEMORANDUM (Order to follow as separate docket entry)The Court finds it troubling that the Commissioner would deny benefits for a time frame in which the Plaintiff had some medical documentation of disability and the Agency had no relevant medical ev idence to the contrary. At the very least this indicates a failure on the Agencys part to develop the record adequately. Rutherford v. Barnhart, 399 F.3d 546, 557 (3d. Cir. 2005); See also Boone v. Barnhart, 353 F.3d 203, 208 n.11 (3d. Cir. 2004). Thus, the Court will direct a remand of this matter for reconsideration of all points identified in the foregoing Memorandum.Signed by Honorable Richard P. Conaboy on 10/24/16. (cc)

Date Filed

Document Text

October 24, 2016

Filing 20 MEMORANDUM (Order to follow as separate docket entry)The Court finds it troubling that the Commissioner would deny benefits for a time frame in which the Plaintiff had some medical documentation of disability and the Agency had no relevant medical ev idence to the contrary. At the very least this indicates a failure on the Agencys part to develop the record adequately. Rutherford v. Barnhart, 399 F.3d 546, 557 (3d. Cir. 2005); See also Boone v. Barnhart, 353 F.3d 203, 208 n.11 (3d. Cir. 2004). Thus, the Court will direct a remand of this matter for reconsideration of all points identified in the foregoing Memorandum.Signed by Honorable Richard P. Conaboy on 10/24/16. (cc)

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Plaintiff: Kevin Morder
Represented By:	Katherine L. Niven
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Defendant: Carolyn W. Colvin
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