Campbell v. Colvin
Filing
33
ORDER - That the 32 Report-Recommendation of Magistrate Judge Earl S. Hines filed November 17, 2014 is ACCEPTED in its entirety for the reasons stated therein; and it is further ORDERED that the Commissioners decision is REVERSED, and the case is REMANDED pursuant to 42 U.S.C. § 405(g), sentence four, with instructions to admit into the evidentiary record the medical SUNY Health Sciences Center records that were looked at by the Appeals Council, but misplaced and not made part of the adm inistrative transcript (i.e., Doc. No. 17, Ex. B). The Commissioner is further instructed to (a) reassess credibility of treating physician opinion and subjective testimony in light of the new evidence and existing evidence from the consulting rheuma tologist, and (b) redetermine Campbells residual functional capacity, all without regard to whether objective corroborating evidence of fibromyalgia and its limiting functional effects exist. Signed by Chief Judge Gary L. Sharpe on 1/6/2015. (jel, )
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
------------------------------------------------------------------------------JOANNE C. CAMPBELL
Plaintiff,
-v.Civil Action No.
5:13-cv-451 (GLS/ESH)
CAROLYN W. COLVIN,
Acting Commissioner of
Social Security
Defendant.
------------------------------------------------------------------------------APPEARANCES:
OF COUNSEL:
FOR THE PLAINTIFF:
Iaconis Law Firm
501 Genesee Street
Chittenango, New York 13037
CHRISTOPHER D. THORPE
FOR THE DEFENDANT:
Social Security Administration
Office of Regional General Counsel
Region II
26 Federal Plaza - Room 3904
New York, New York 10278
PETER W. JEWETT, ESQ.
GARY L. SHARPE,
CHIEF JUDGE
ORDER
The above-captioned matter comes to this court following a ReportRecommendation by Magistrate Judge Earl S. Hines, duly filed November
17, 2014. Following fourteen days from the service thereof, the Clerk has
sent the file, including any and all objections filed by the parties herein.
No objections having been filed, and the court having reviewed the
Magistrate Judge’s Report-Recommendation for clear error, it is hereby
ORDERED that the Report-Recommendation of Magistrate Judge Earl
S. Hines filed November 17, 2014 (Dkt. No. 32) is ACCEPTED in its entirety
for the reasons stated therein; and it is further
ORDERED that the Commissioner’s decision is REVERSED, and the
case is REMANDED pursuant to 42 U.S.C. § 405(g), sentence four, with
instructions to admit into the evidentiary record the medical SUNY Health
Sciences Center records that were “looked at” by the Appeals Council, but
misplaced and not made part of the administrative transcript (i.e., Doc. No.
17, Ex. B). The Commissioner is further instructed to (a) reassess credibility
of treating physician opinion and subjective testimony in light of the new
evidence and existing evidence from the consulting rheumatologist, and (b)
redetermine Campbell’s residual functional capacity, all without regard to
whether objective corroborating evidence of fibromyalgia and its limiting
functional effects exist; and it is further
ORDERED that the Clerk close this case and provide a copy of this
Order to the parties in accordance to the local rules.
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IT IS SO ORDERED.
Dated:
January 6, 2015
Albany, New York
3
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