Butler v. Colvin

Filing 24

RULING and ORDER (see attached) ACCEPTING in its entirety the Magistrate Judge's 23 RECOMMENDED RULING. Plaintiff's 16 Motion to Reverse the Decision of the Commissioner, or in the alternative for an order for remand of the case for a h earing before the Administrative Law Judge, is GRANTED IN PART and DENIED IN PART. The case is remanded for further proceedings consistent with Sections IV.C, D and E of the RECOMMENDED RULING. Defendant's 19 Motion to Affirm the Commissioner is DENIED, subject to the remand directed by this RULING and ORDER. Signed by Judge Charles S. Haight, Jr. on December 22, 2014. (Pylman, J.)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF CONNECTICUT

MICHAEL BUTLER
Plaintiff,

3:13-CV-00607 (CSH)

v.
CAROLYN W. COLVIN
ACTING COMMISSIONER OF SOCIAL
SECURITY

December 22, 2014

Defendant.

RULING AND ORDER ON RECOMMENDED RULING OF MAGISTRATE JUDGE
HAIGHT, Senior District Judge:
In a Recommended Ruling ("RR") filed on November 18, 2014 [Doc. 23], to which no timely
objection has been made, Magistrate Judge Joan G. Margolis recommended that the action by
plaintiff Michael Butler under § 205 of the Social Security Act, 42 U.S.C. §§ 405 (g) and 1383(c)(3),
as amended, which sought review of a final decision by defendant Commissioner of Social Security
("SSA") denying plaintiff Disability Insurance Benefits ("DIB") and Supplemental Security Income
("SSI") benefits, be adjudicated by granting in part and denying in part plaintiff's motion to reverse
the Commissioner's decision, and denying in part and granting in part the Commissioner's motion
to affirm her decision.
Specifically, the thorough and careful RR correctly identifies areas and issues where the
findings of the Administrative Law Judge ("ALJ") adverse to plaintiff are not subject to reversal by
the Court. However, the RR also identifies other aspects of the ALJ's decision where errors were
committed under the governing law and regulations, which require a remand in the interest of justice.
This Court agrees with and accepts the Magistrate Judge's reasoning and recommendations in respect

of all these aspects of the case.
In consequence, and pursuant to 28 U.S.C. § 636(b)(1), the Court accepts in its entirety Judge
Margolis's Recommended Ruling, which becomes the Judgment of the Court.
The motion of the plaintiff [Doc. 16] for an order reversing the decision of the
Commissioner, or in the alternative for an order for remand of the case for a hearing before the
Administrative Law Judge, is GRANTED IN PART and DENIED IN PART. The case is remanded
for further proceedings consistent with Sections IV.C, D and E of the Recommended Ruling.
The motion of defendant Commissioner [Doc. 19] for an order affirming her decision
denying plaintiff benefits is DENIED, subject to the remand directed in the preceding paragraph of
this Order.
It is SO ORDERED.
Dated: New Haven, Connecticut
December 22, 2014

/s/ Charles S. Haight, Jr.
CHARLES S. HAIGHT, JR.
Senior United States District Judge

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