Hairston v. Commissioner of Social Security

Filing 45

CLERK'S JUDGMENT re: 44 Memorandum & Opinion in favor of Denise Hairston against Commissioner of Social Security. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated March 9 , 2022, Plaintiff's motion for judgment on the pleadings is GRANTED and Defendant's cross-motion is DENIED. The case is remanded to the Commissioner for further proceedings consistent with the opinion. Because the case must be remanded f or additional questioning and obtaining treatment records, the ALJ is directed to also obtain updated school records (e.g., individual education plan). Daisy P. o/b/o C.P. v. Saul, 2021 WL 911709, at *4 (W.D.N.Y. Mar. 10, 2021) (when a child alleges a mental impairment, "the failure to obtain school records can support a remand for failure to develop the record.) (Signed by Clerk of Court Ruby Krajick on 3/9/2022) (Attachments: # 1 Right to Appeal) (km)

Case 1:20-cv-05600-KHP Document 45 Filed 03/09/22 Page 1 of 1

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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Denise Hairston,

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Plaintiff,
20 CIVIL 5600 (KHP)

-against-

JUDGMENT
Commissioner of Social Security,
Defendant.

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It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons
stated in the Court's Opinion and Order dated March 9, 2022, Plaintiffs motion for judgment on
the pleadings is GRANTED and Defendant's cross-motion is DENIED. The case is remanded to
the Commissioner for further proceedings consistent with the opinion. Because the case must be
remanded for additional questioning and obtaining treatment records, the ALJ is directed to also
obtain updated school records (e.g., individual education plan). Daisy P. o/b/o C.P. v. Saul, 2021
WL 911709, at *4 (W.D.N.Y. Mar. 10, 2021) (when a child alleges a mental impairment, "the
failure to obtain school records can support a remand for failure to develop the record.")
Dated: New York, New York

March 9, 2022

RUBY J. KRAJICK
Clerk of Court

BY: