Couvertier v. Social Security

Filing 21

OPINION AND ORDER: re: 18 MOTION to Remand to Social Security Administration . filed by Commissioner of Social Security, 14 MOTION for Judgment on the Pleadings . filed by Blanca I Couvertier. The Commissioner' s motion for remand is GRANTED, and Plaintiffs motion for judgment on the pleadings and a remand solely for purposes of an award of benefits is GRANTED in part and DENIED in part. The record "does not compel but one conclusion," and the refore a remand for an award of benefits is not appropriate. Johnson v. Bowen, 817 F.2d 983, 986 (2d Cir. 1987). Accordingly, this matter is remanded for further proceedings pursuant to the fourth sentence of 42 U.S.C. § 405(g). See Melkonya n v. Sullivan, 501 U.S. 89, 98 (1991). On remand, the Commissioner will affirm the ALJ's finding that Plaintiff became disabled beginning on April 4, 2018. For the period before April 4, 2018, the Commissioner will direct the ALJ to: (1) furt her evaluate the opinion of Dr. Mahony along with all other opinion and other medical evidence of record; (2) re-assess Plaintiff's residual functional capacity; and (3) if warranted by the expanded record, obtain vocational expert testimony. The Clerk of Court is requested to terminate the motions at ECF Nos. 14 and 18 and close this case. So Ordered. (Signed by Magistrate Judge Sarah Netburn on 10/14/2020) (js) Transmission to Docket Assistant Clerk for processing.

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Case 1:19-cv-08533-SN Document 21 Filed 10/14/20 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -----------------------------------------------------------------X 10/14/2020 BLANCA I. COUVERTIER, Plaintiff, -against- 19-CV-8533 (SN) OPINION AND ORDER ANDREW SAUL, Commissioner of Social Security Defendant. -----------------------------------------------------------------X SARAH NETBURN, United States Magistrate Judge: The Commissioner’s motion for remand is GRANTED, and Plaintiff’s motion for judgment on the pleadings and a remand solely for purposes of an award of benefits is GRANTED in part and DENIED in part. The record “does not compel but one conclusion,” and therefore a remand for an award of benefits is not appropriate. Johnson v. Bowen, 817 F.2d 983, 986 (2d Cir. 1987). Accordingly, this matter is remanded for further proceedings pursuant to the fourth sentence of 42 U.S.C. § 405(g). See Melkonyan v. Sullivan, 501 U.S. 89, 98 (1991). On remand, the Commissioner will affirm the ALJ’s finding that Plaintiff became disabled beginning on April 4, 2018. For the period before April 4, 2018, the Commissioner will direct the ALJ to: (1) further evaluate the opinion of Dr. Mahony along with all other opinion and other medical evidence of record; (2) re-assess Plaintiff’s residual functional capacity; and (3) if warranted by the expanded record, obtain vocational expert testimony. Case 1:19-cv-08533-SN Document 21 Filed 10/14/20 Page 2 of 2 The Clerk of Court is requested to terminate the motions at ECF Nos. 14 and 18 and close this case. SO ORDERED. DATED: October 14, 2020 New York, New York

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