Wynter v. Berryhill

District Court, S.D. New York

Wynter v. Berryhill

Trial Court Opinion

USDC SDNY UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED Diana Wynter, DOC #2 DATE FILED: 9/18/2020 Plaintiff, -against- 19 Civ. 5592 (AT) (RWL) Nancy A. Berryhill, Acting Commissioner of Social ORDER Security, Defendant. ANALISA TORRES, District Judge: Having received no objections to the Report and Recommendation (the “R&R”), ECF No. 18, of the Honorable Robert W. Lehrburger, 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, Defendant’ motion for judgment on the pleadings is DENIED, and this matter is REMANDED to the administrative law judge (the “ALJ”) pursuant to sentence four of

42 U.S.C. § 405

(g). On remand, the ALJ should further develop the record to ascertain the identity of the physician who completed the currently unattributed medical source opinion from Montefiore Medical Center. Further, notwithstanding the absence of error with respect to the other arguments raised by Plaintiff, the ALJ should reconsider all aspects of her determination in light of any new information received. The Clerk of Court is directed to terminate the motions at ECF Nos. 11 and 15, and close the case. SO ORDERED. Dated: September 18, 2020 New York, New York ANALISA TORRES United States District Judge

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