Smoker v. Commissioner of Social Security
- Analisa Torres
- 1:19-cv-01539
- U.S. District Court · Southern District of New York
- 1
In Smoker v. Commissioner, Judge Torres adopted the recommendation, granted Smoker’s motion, denied the Commissioner’s motion, and remanded the case.
April Smoker and the Commissioner of Social Security; the remand directs the Administrative Law Judge to conduct further proceedings concerning Smoker’s claim.
What happened
April Smoker sued the Commissioner of Social Security. A magistrate judge issued a report and recommendation, and neither side objected to it.
The court reviewed the recommendation for clear error and found none. It adopted the recommendation in full.
Judge Torres granted Smoker’s motion for judgment on the pleadings, denied the Commissioner’s cross-motion, and remanded the case to the Administrative Law Judge for further proceedings.
The detailed version
- Smoker v. Commissioner of Social Security · No. 1:19-cv-01539
- Analisa Torres
- May 26, 2020
Background
A magistrate judge issued a report and recommendation in April Smoker’s Social Security case. The opinion states that neither side objected. The district court therefore reviewed the recommendation for clear error and found none.
Ruling
The court adopted the report and recommendation in its entirety. It granted Smoker’s motion for judgment on the pleadings, which asked the court to decide the case based on the existing written record. It denied the Commissioner’s cross-motion and remanded the case to the Administrative Law Judge under sentence four of 42 U.S.C. § 405(g).
On remand, the Administrative Law Judge was directed to: (1) determine what weight to give treating psychiatrist Galina Bass, M.D.’s opinions and explain that decision if the opinions were given less than controlling weight; (2) reconsider the vocational expert’s testimony as necessary in light of the complete record; (3) obtain treatment records from David Goldberg, L.M.S.W., to better assess Smoker’s mental functional limitations; (4) reevaluate Smoker’s credibility in light of the relevant evidence; and (5) clarify Smoker’s alleged onset date.
Disposition
The Clerk of Court was directed to terminate the motions at ECF Nos. 14 and 20 and close the case. Judge Analisa Torres signed the order dated May 26, 2020.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.