Newell v. Saul

Filing 25

CLERK'S JUDGMENT re: 24 Memorandum & Opinion. in favor of Eugene Newell against Andrew Saul. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons set forth in the Court's Opinion and Order dated February 17, 2021, Newe ll's motion for judgment on the pleadings is granted, the Commissioner's cross-motion is denied, and the case is remanded to the ALJ pursuant to sentence four of 42 U.S.C. § 405(g). On remand, the ALJ should: (1)Provide a comprehensive analysis, including explicit consideration of all of the Burgess factors, in determining how much weight to assign Dr. Aftab's 2013 opinion; and (2)Reexamine the requirements under Listing 12.05B in light of Newell's treating physicians' opinions and all other relevant medical evidence. (Signed by Clerk of Court Ruby Krajick on 2/17/2021) (Attachments: # 1 Notice of Right to Appeal) (dt) Transmission to Docket Assistant Clerk for processing.

Case 1:19-cv-10831-JLC Document 25 Filed 02/17/21 Page 1 of 1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
--------------------------------------------------------------X
EUGENE NEWELL,
19 CIVIL 10831 (JLC)

Plaintiff,

JUDGMENT

-againstANDREW M. SAUL, Commissioner,
Social Security Administration,

Defendant.
--------------------------------------------------------------X

It is hereby ORDERED, ADJUDGED AND DECREED:

That for the reasons

set forth in the Court’s Opinion and Order dated February 17, 2021, Newell’s motion for
judgment on the pleadings is granted, the Commissioner’s cross-motion is denied, and
the case is remanded to the ALJ pursuant to sentence four of 42 U.S.C. § 405(g). On
remand, the ALJ should:
(1) Provide a comprehensive analysis, including explicit consideration of all of the
Burgess factors, in determining how much weight to assign Dr. Aftab’s 2013
opinion; and
(2) Reexamine the requirements under Listing 12.05B in light of Newell’s treating
physicians’ opinions and all other relevant medical evidence.

Dated: New York, New York
February 17, 2021
RUBY J. KRAJICK
_________________________
Clerk of Court
BY:
_________________________
Deputy Clerk