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, )

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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. 2 IT IS SO ORDERED. Dated: January 6, 2015 Albany, New York 3

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