Smoker v. Commissioner of Social Security

District Court, S.D. New York

Smoker v. Commissioner of Social Security

Trial Court Opinion

USDC SDNY UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED April Smoker, DOC# DATE FILED: _ 5/26/2020 __ Plaintiff, -against- 19 Civ. 1539 (AT) (JLC) Commissioner of Social Security, ORDER Defendant. ANALISA TORRES, District Judge: Having received no objections to the Report and Recommendation (the “R&R”), ECF No. 23, of the Honorable James L. Cott, the Court reviewed the R&R for clear error, and found none. Santiago v. Colvin, 12 Civ. 7052,

2014 WL 1092967

, at *1 (S.D.N.Y. Mar. 17, 2014). The Court, therefore, ADOPTS the R&R in its entirety. Accordingly, Plaintiff’s motion for judgment on the pleadings is GRANTED, the Commissioner’s cross-motion is DENIED, and the case is REMANDED to the Administrative Law Judge (“ALJ”) pursuant to sentence four of

42 U.S.C. § 405

(g). On remand, the ALJ should: 1. Specify, upon further development of the record, what weight he assigns to treating psychiatrist Galina Bass, M.D.’s opinions and provide a comprehensive analysis for the reasons he has assigned this particular weight, if deemed less-than-controlling; 2. Revisit the vocational expert’s testimony, as necessary, in light of all relevant medical and other evidence made part of the record on remand; 3. Further develop the record by soliciting treatment records from David Goldberg, L.M.S.W., in order to fully assess Plaintiff's mental functional limitations; 4. Reevaluate Plaintiff's credibility in light of all the relevant medical and other evidence; and 5. Clarify Plaintiff's alleged onset date. The Clerk of Court is directed to terminate the motions at ECF Nos. 14 and 20, and close the case. SO ORDERED. Dated: May 26, 2020 AG New York, New York ANALISA TORRES United States District Judge

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