Couvertier v. Social Security

Filing 22

CLERK'S JUDGMENT re: 21 Memorandum & Opinion in favor of Blanca I Couvertier, Commissioner of Social Security against Blanca I Couvertier, Commissioner of Social Security. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reaso ns stated in the Court's Opinion and Order dated October 14, 2020, 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 GR ANTED 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 remand ed 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 Ap ril 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 fu nctional capacity; and (3) if warranted by the expanded record, obtain vocational expert testimony; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 10/14/2020) (Attachments: # 1 Right to Appeal) (km) Transmission to Docket Assistant Clerk for processing.

Case 1:19-cv-08533-SN Document 22 Filed 10/14/20 Page 1 of 1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-----------------------------------------------------------X
BLANCA I. COUVERTIER,
Plaintiff,

19 CIVIL 8533 (SN)

JUDGMENT

-vANDREW SAUL, Commissioner of Social
Security,
Defendant.
-----------------------------------------------------------X

It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the
Court's Opinion and Order dated October 14, 2020, 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; accordingly, the case is closed.
Dated: New York, New York
October 14, 2020
RUBY J. KRAJICK
_________________________
Clerk of Court
BY:
_________________________
Deputy Clerk