Destina v. Berryhill
| New York Eastern District Court | |
| Judge: | Arthur D Spatt |
| Case #: | 2:17-cv-02382 |
| Nature of Suit | 863 Social Security - DIWC/DIWW (405(g)) |
| Cause | 42:205 Denial Social Security Benefits |
| Case Filed: | Apr 21, 2017 |
| Terminated: | Oct 18, 2018 |
Defendant
Nancy A. Berryhill
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Defendant
Party Name in Social Security Case - Unavailable
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Plaintiff
Denise Destina
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Plaintiff
Party Name in Social Security Case - Unavailable
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GPO
Oct 15 2018
MEMORANDUM OF DECISION & ORDER: For the reasons stated above, the Court denies the Defendant's motion for judgment on the pleadings and grants the Plaintiff's motion in part. The Court remands this case for further proceedings consistent with this opinion. Specifically, the ALJ shall: (1) re-contact the Plaintiff's treating physician and obtain clarification on his treatment notes; (2) consider the opinion of the Plaintiff's treating physician and give controlling weight to that opinion if it is based on medical evidence and not inconsistent with other substantial evidence in the record; (3) if the ALJ declines to assign the Plaintiff's treating physicians opinion controlling weight, provide a clear and explicit statement of what affirmative weight, if any, he affords that opinion and provide a clear and explicit statement of the "good reasons" for the weight given to the opinion in accordance with the regulatory factors listed in 20 C.F.R. § 404.1527(d); (4) further explore the Plaintiff's daily activities before determining if her allegations of disability are supported; and (5) obtain new VE testimony that is based on a hypothetical question consistent with the revised record. The Clerk of the Court is respectfully directed to close this case. SEE ATTACHED DECISION for details. It is SO ORDERED by Judge Arthur D. Spatt on 10/15/2018. (Coleman, Laurie) |
| Docket last updated: 2 hours ago |
| Tuesday, January 22, 2019 | ||
| 25 | 25
order
Order(Other)
Tue 01/22 2:38 PM
ORDER re24 stipulation regarding attorney fees. Plaintiff is awarded $7,350.00 in attorney fees pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. §241, and $400.00 in costs, in full satisfaction of any claim under the EAJA. So Ordered by Judge Arthur D. Spatt on 1/22/2019. (Coleman, Laurie) |
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| Monday, January 14, 2019 | ||
| 24 | 24
misc
Stipulation
Mon 01/14 12:21 PM
STIPULATION AND ORDER REGARDING ATTORNEY FEES by Denise Destina (Persaud, Sharmine) |
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| Thursday, October 18, 2018 | ||
| 23 | 23
order
Judgment - Clerk
Thu 10/18 2:52 PM
CLERK'S JUDGMENT: ORDERED AND ADJUDGED that the Defendant=s motion for judgment on the pleadings is denied; that the Plaintiff=s motion for judgment on the pleadings is granted in part; that this case is remanded back to the ALJ to: (1) re-contact the Plaintiff's treating physician and obtain clarification on his treatment notes; (2) consider the opinion of the Plaintiff's treating physician and give controlling weight to that opinion if it is based on medical evidence and not inconsistent with other substantial evidence in the record; (3) if the ALJ declines to assign the Plaintiff's treating physicians opinion controlling weight, provide a clear and explicit statement of what affirmative weight, if any, he affords that opinion and provide a clear and explicit statement of the "good reasons" for the weight given to the opinion in accordance with the regulatory factors listed in 20 C.F.R. § 404.1527(d); (4) further explore the Plaintiff's daily activities before determining if her allegations of disability are supported; and (5) obtain new VE testimony that is based on a hypothetical question consistent with the revised record; and that this case is hereby closed. Ordered by Clerk of Court on 10/18/2018. (Toritto, Jim) |
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| Monday, October 15, 2018 | ||
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21
pgs
order
Order on Motion for Judgment on the Pleadings
Mon 10/15 9:00 AM
MEMORANDUM OF DECISION & ORDER: For the reasons stated above, the Court denies the Defendant's motion for judgment on the pleadings and grants the Plaintiff's motion in part. The Court remands this case for further proceedings consistent with this opinion. Specifically, the ALJ shall: (1) re-contact the Plaintiff's treating physician and obtain clarification on his treatment notes; (2) consider the opinion of the Plaintiff's treating physician and give controlling weight to that opinion if it is based on medical evidence and not inconsistent with other substantial evidence in the record; (3) if the ALJ declines to assign the Plaintiff's treating physicians opinion controlling weight, provide a clear and explicit statement of what affirmative weight, if any, he affords that opinion and provide a clear and explicit statement of the "good reasons" for the weight given to the opinion in accordance with the regulatory factors listed in 20 C.F.R. § 404.1527(d); (4) further explore the Plaintiff's daily activities before determining if her allegations of disability are supported; and (5) obtain new VE testimony that is based on a hypothetical question consistent with the revised record. The Clerk of the Court is respectfully directed to close this case. SEE ATTACHED DECISION for details. It is SO ORDERED by Judge Arthur D. Spatt on 10/15/2018. (Coleman, Laurie) |
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| Friday, March 09, 2018 | ||
| 21 | 21
misc
Letter
Fri 03/09 2:31 PM
Letter by Nancy A. Berryhill (Freismuth, Megan) |
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| 20 | 20
misc
Transcript Administrative (Social Security Appeal)
Fri 03/09 2:29 PM
ADMINISTRATIVE TRANSCRIPT (Social Security Appeal) (Freismuth, Megan) |
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Att: 1
Certificate of Service
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misc
Brief (Social Security Appeal)
Fri 03/09 2:27 PM
Brief (Social Security Appeal) Defendants Reply in Further Support of Defendants Cross-Motion For Judgment on the Pleadings (Freismuth, Megan) |
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misc
Brief (Social Security Appeal)
Fri 03/09 2:23 PM
Brief (Social Security Appeal) Plaintiffs Reply to Defendants Cross-Motion For Judgment on the Pleadings (Freismuth, Megan) |
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motion
Judgment on the Pleadings
Fri 03/09 2:21 PM
Cross MOTION for Judgment on the Pleadings by Nancy A. Berryhill. (Freismuth, Megan) |
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Att: 1
Memorandum in Support
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motion
Judgment on the Pleadings
Fri 03/09 2:18 PM
Notice of MOTION for Judgment on the Pleadings by Nancy A. Berryhill. (Freismuth, Megan) |
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Att: 1
Memorandum in Support
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| Friday, February 16, 2018 | ||
| 15 | 15
misc
Letter
Fri 02/16 9:39 PM
Letter to Assistant United States Attorney regarding Plaintiffs Brief in Reply to the Memorandum of Law in Support of Defendants Cross-Motion for Judgment on the Pleadings. by Denise Destina (Persaud, Sharmine) |
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| Friday, January 26, 2018 | ||
| 14 | 14
motion
Judgment on the Pleadings
Fri 01/26 9:36 AM
Cross MOTION for Judgment on the Pleadings and in Opposition to Plaintiff's Motion for Judgment on the Pleadings by Nancy A. Berryhill. (Freismuth, Megan) |
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| 13 | 13
motion
Judgment on the Pleadings
Fri 01/26 9:34 AM
Notice of MOTION for Judgment on the Pleadings by Nancy A. Berryhill. (Freismuth, Megan) |
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| Saturday, January 06, 2018 | ||
| 12 | 12
2
pgs
order
Order on Motion for Extension of Time to File Response/Reply
Mon 01/08 3:50 PM
ORDER re11 motion requesting to extend the briefing schedule as follows: Commissioner to serve her cross-motion on or before 1/26/2018; Plaintiff to serve her reply, if any, on or before 2/16/2018; and Commissioner to serve her reply, if any, on or before 3/9/2018. On consent of the parties, the proposed briefing schedule for this Social Security appeal is approved. SO ORDERED by Judge Arthur D. Spatt on 9/6/2018. (Coleman, Laurie) |
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| Friday, January 05, 2018 | ||
| 11 | 11
motion
Extension of Time to File Response/Reply
Fri 01/05 11:49 AM
Letter MOTION for Extension of Time to File Response/Reply and Cross-Motion by Nancy A. Berryhill. (Freismuth, Megan) |
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| Thursday, November 09, 2017 | ||
| 10 | 10
misc
Letter
Thu 11/09 11:31 PM
Letter to Assistant United States Attorney enclosing Plaintiffs Notice of Motion and Memorandum of Law in Support of Plaintiffs Motion for Judgment on the Pleadings by Denise Destina (Burko, Louis) |
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| Monday, September 18, 2017 | ||
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order
Order(Other)
Tue 09/19 1:24 PM
ORDER re8 proposed scheduling order. On consent of the parties, the proposed briefing schedule for this Social Security appeal is approved. So Ordered by Judge Arthur D. Spatt on 9/18/2017. (Coleman, Laurie) |
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| Friday, September 08, 2017 | ||
| 8 | 8
misc
Proposed Scheduling Order
Fri 09/08 11:15 AM
Proposed Scheduling Order by Denise Destina (Persaud, Sharmine) |
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| Wednesday, July 26, 2017 | ||
| 7 | 7
misc
Declaration
Wed 07/26 12:39 PM
DECLARATION of Service of Administrative Record by Nancy A. Berryhill (Freismuth, Megan) |
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| Thursday, May 04, 2017 | ||
| 6 | 6
notice
Notice of Appearance
Thu 05/04 3:32 PM
NOTICE of Appearance by Megan Jeanette Freismuth on behalf of Nancy A. Berryhill (aty to be noticed) (Freismuth, Megan) |
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| Thursday, April 27, 2017 | ||
| 5 | 5
service
Summons Returned Executed as to USA
Thu 04/27 2:59 PM
SUMMONS Returned Executed by Denise Destina. Nancy A. Berryhill served on 4/27/2017, answer due 6/26/2017. (Persaud, Sharmine) |
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| Friday, April 21, 2017 | ||
| 4 | 4
service
Summons Issued Summons Issued as to USA
Fri 04/21 3:00 PM
Summons Issued as to Nancy A. Berryhill., Summons Issued as to Nancy A. Berryhill, U.S. Attorney and U.S. Attorney General (Rodin, Deanna) |
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| 3 | 3
misc
Clerks Notice of Rule 73
Fri 04/21 2:53 PM
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:[LINK:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf] . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Rodin, Deanna) |
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misc
Quality Control Check - Attorney Case Opening
Fri 04/21 2:50 PM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Rodin, Deanna) |
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cmp
Complaint
Fri 04/21 2:39 PM
COMPLAINT against Nancy A. Berryhill Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Denise Destina. (Rodin, Deanna) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Proposed Summons,
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Att: 3
Exhibit
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misc
Filing Fee Received
Fri 04/21 2:40 PM
FILING FEE: $ 400, receipt number 0207-9467298 (Rodin, Deanna) |
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utility
Incorrect Case-Document Information
Fri 04/21 2:41 PM
Incorrect Document Entry Information. The defendant was missing from the case; defendant was added; document entry #1 was deleted and re-entered against defendant. (Rodin, Deanna) |
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utility
Case Assigned/Reassigned
Fri 04/21 2:52 PM
Case Assigned to Judge Arthur D. Spatt. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Rodin, Deanna) |
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