Gill v. Colvin

Filing 23

ORDER granting 14 Motion for Judgment on the Pleadings; denying 20 Motion for Judgment on the Pleadings. Signed by Hon. Jonathan W. Feldman on 08/25/2017. (JKT)-CLERK TO FOLLOW UP-

Download PDF
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK DENISE LASHALLE GILL, Plaintiff, ORDER 16-CV-6439 v. NANCY A. BERRYHILL, Acting Commissioner of Social Security Defendant. Plaintiff Denise Gill brings this action pursuant to 42 U.S.C. ยง 405 (g) to review a decision of the Commissioner of Social Security denying her application for Social Security Disability benefits. See Complaint (Docket# 1). are the parties' Presently before the Court competing motions for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure. See Dockets## 14, 20. On August 24, heard from counsel 201 7, a hearing was held and arguments were on the motions. At the conclusion of the hearing, the Court rendered a detailed Decision and Order that was read into the record, which is hereby incorporated by reference. Put simply, the decision of the ALJ was not supported by substantial evidence because the ALJ failed to properly address, consider and fairly evaluate opinion evidence plaintiff's non-exertional mental health impairments. regarding / Therefore, for the reasons set forth in the Court's oral Decision and Order, it is hereby ORDERED that plaintiff's motion for judgment on the pleadings (Docket# 14) is granted only insofar as the matter is remanded to the Commissioner for further proceedings consistent with the Court's oral Decision and Order; and it is further ORDERED that the Commissioner's motion for judgment on the pleadings (Docket# 20) is denied. SO ORDERED. W. FELDMAN .ed States Magistrate Judge Dated: August 25, 2017 Rochester, New York

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?