Opinion
18 CIVIL 8414 (ER)
03-31-2020
SAMUEL BADILLO, JR., Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant.
JUDGMENT
It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons set forth in the Court's Opinion and Order dated March 31, 2020, Judge Fox's R&R is adopted in part and rejected in part; Badillo's motion for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c) is granted, and the case is remanded to the Commissioner of Social Security for further proceedings; in particular, the Commissioner should reconsider the appropriate weight to afford Dr. Axline's opinion as well to ensure that ant RFC assessment is supported by substantial affirmative record evidence; accordingly, the case is closed. Dated: New York, New York
March 31, 2020
RUBY J. KRAJICK
Clerk of Court
BY: /s/ _________
Deputy Clerk