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-

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.
§

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