Case Details

CourtEastern District of New York
Docket number1:11-cv-05118-MKB
Date case filed
Date case closed
Date of latest filing
Assigned to
Case cause42:405 Review of HHS Decision (SSID)
Nature of suitSocial Security: SSID Tit. XVI
Jury demand

Case Parties

None listed

Case Docket

Date FiledDocument
Long Description
242013-07-30 MEMORANDUM AND ORDER denying 17 Motion for Judgment on the Pleadings and granting 19 Motion for Judgment on the Pleadings. For the reasons set forth in the attached Memorandum and Order, Defendant's motion for judgment on the pleadings is denied. Plaintiff's cross motion for judgment on the pleadings is granted. The Court finds that the ALJ committed legal error when she failed to fulfill her affirmative duty to develop the record before determining the weight to give the opin ion of Plaintiff's treating psychiatrist Dr. Galal. The ALJ also failed to properly assess Plaintiff's credibility in determining her mental impairment and to properly account for Plaintiff's mental impairment in the RFC determination . The Commissioner's decision is reversed and this action is remanded for further administrative proceedings pursuant to the fourth sentence of 42 U.S.C. § 405(g). The Clerk of Court is directed to close this case. Ordered by Judge Margo K. Brodie on 7/30/2013. (Thomas, Alora)