Fields v. Commissioner of Social Security ( 2020 )


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  • USDC SDNY UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED ALISA RENEE FIELDS, DOC # ______ DATE FILED: 6/30/2020 Plaintiff, -against- 19 Civ. 1423 (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. 15, 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, 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). See R&R at 48. On remand, the ALJ should develop the record by contacting Plaintiff's treating physicians, Drs. Simons and Guy, to solicit reports clarifying their opinions as to the limitations caused by Plaintiff’s impairments on her functional capacities during the period between October 15, 2013 and December 31, 2018. Jd. After such clarification is obtained, the ALJ should evaluate their opinions in accordance with the treating physician rule, including a discussion, where necessary, of any appropriate reasons for according them less than controlling weight. Id. The Clerk of Court is directed to terminate the motion at ECF No. 12 and close the case. Chambers will mail a copy of this order to Plaintiff pro se. SO ORDERED. Dated: June 30, 2020 New York, New York ANALISA TORRES United States District Judge

Document Info

Docket Number: 1:19-cv-01423

Filed Date: 6/30/2020

Precedential Status: Precedential

Modified Date: 6/26/2024