Hoose v. Colvin
ORDER granting 11 Motion for Judgment on the Pleadings; denying 12 Motion for Judgment on the Pleadings. Signed by Hon. Jonathan W. Feldman on 07/12/2017. (JKT)-CLERK TO FOLLOW UP-
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
TAMMY LYNN HOOSE,
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Plaintiff Tammy Hoose
instant 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).
Presently before the Court are the parties' competing motions for
judgment on the pleadings pursuant to Rule 12(c)
Rules of Civil Procedure.
See Dockets## 11, 12.
of the Federal
On July 7, 2017,
a hearing on the motions was held and arguments were heard from
At the conclusion of
the Court read a
detailed Decision and Order into the record.
opinions of plaintiff's treating physicians NP Brezinksy and Dr.
See Shaw v. Chater, 221 F.3d 126, 134 (2d Cir. 2000)
(explaining the treating physician rule); see also Snell v. Apfel,
for not crediting the opinion of a claimant's treating
physician is a ground for remand."); Beckers v. Colvin, 38 F. Supp.
("Reports co-signed by a
physician may be evaluated as having been the treating physician's
opinions from "other sources")
March 27, 2017);
( rescinded for claims filed after
(2) failed to adequately explain why plaintiff's
self-reporting of her activities of
daily living were
significant limitations plaintiff described at the hearing;
(3) failed to adequately address whether the "acquired work skills"
the ALJ found in plaintiff's past relevant employment were truly
transferable skills or were instead simply traits,
See Draegert v.
311 F.3d 468, 472
see also Woods v. Colvin, 218 F. Supp. 3d 204, 211 (W.D.N.Y.
(stating that the ALJ should explain "how Plaintiff acquired
these skills through the performance of past work activities").
Accordingly and 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# 11) is granted and the Commissioner's motion for judgment
on the pleadings (Docket# 12) is denied. This case is remanded
for further proceedings consistent with this Decision and Order.
July 12, 2017
Rochester, New York
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