Rodriguez-Torres v. Commissioner of Social Security
Filing
18
OPINION AND ORDER re 17 SOCIAL SECURITY Memorandum of Law by defendant filed by Commissioner of Social Security. Signed by US Magistrate Judge Camille L. Velez-Rive on 12/11/13.(ljt)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
ROSA I. RODRIGUEZ-TORRES,
Plaintiff,
v.
CIVIL NO. 12-1958 (CVR)
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
OPINION AND ORDER
Plaintiff Rosa I. Rodríguez-Torres (hereafter “Plaintiff” or “Rodríguez-Torres”) filed
this complaint seeking review of a final decision of the Commissioner of Social Security
(hereafter “Commissioner”) which denied her application for disability. (Docket No. 2).
On December 5, 2013, the Commissioner requested the decision, which found that
Plaintiff was not disabled, be reversed and remanded for further administrative proceedings
under sentence four of 42 U.S.C. § 405(g). (Docket No. 17). The Commissioner submits he
is seeking remand to (I) obtain the missing treatment notes from Dr. Manuel Brignoni
(Plaintiff’s treating psychiatrist); (ii) request that Dr. Pedro A. Berrios Ortiz (Plaintiff’s
primary care physician) explain his treatment notes and provide any diagnostic or
examination findings contained therein; (iii) reassess Plaintiff’s Residual Functional
Capacity; and (iv) further address whether Rodríguez-Torres is able to communicate in
English. Id. at p. 4.
Accordingly, this case is remanded to the Social Security Administration’s Office of
Disability Adjudication and Review for further proceedings including, but not limited to,
obtain the missing treatment notes from Dr. Brignoni; request that Dr. Berrios-Ortiz
Rosa I. Rodríguez-Torres v. Commissioner of Social Security
Civil No. 12-1958 (CVR)
Opinion and Order
Page 2
explain his treatment notes and provide any diagnostic or examination findings contained
therein; reassess Plaintiff’s Residual Functional Capacity; and further address whether
Rodríguez-Torres is able to communicate in English.
Therefore, this United States Magistrate Judge orders judgment be entered
remanding the case to the Commissioner of Social Security.
CONCLUSION
In view of the foregoing, the Commissioner’s Motion for Reversal and Remand
(Docket No. 17) is GRANTED. This case is remanded to the Commissioner for further
administrative action.
Judgment is to be entered accordingly.
IT IS SO ORDERED.
In San Juan, Puerto Rico, on this 11th day of December of 2013.
S/CAMILLE L. VELEZ-RIVE
CAMILLE L. VELEZ RIVE
UNITED STATES MAGISTRATE
JUDGE
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