D'Agostino v. Berryhill

3 Citing cases

  1. Fazzino v. Kijakazi

    3:20-cv-01910 (VAB) (D. Conn. Mar. 30, 2022)

    In addition to the consultative examiner's report, the record contains an assessment from two of Ms. Fazzino's treating clinicians, LCSW McJunkins and Dr. Mejia, and nearly seven years' worth of contemporaneous treatment notes, including from the seven physicians that Ms. Fazzino lists in her memorandum in support of the motion to reverse. See Pl.'s Mem. at 2; see also Janes, 710 Fed.Appx. at 34 (concluding that the ALJ properly gathered and analyzed the evidence where the ALJ did not obtain medical records for the ten months prior to the decision, but the record contained “over 450 pages of plaintiff's medical history for the 8 years prior to the filing” of the claim and two consultative examination reports and opinions); cf. D'Agostino v. Berryhill, No. 3:19-CV-00610 (RAR), 2020 WL 4218213, at *4 31 (D. Conn. July 3, 2020) (“Unlike Crespo, the record here was not supported by either a consultative examiner's opinion or the treating physician's notes. The ALJ only cited raw medical data and failed to incorporate evidence demonstrating that plaintiff's allegations of pain and asserted limitations were inconsistent with the record.

  2. Andrew M. v. Comm'r of Soc. Sec.

    No. 3:19-cv-01702 (SRU) (D. Conn. Mar. 18, 2021)   Cited 1 times

    For the error to warrant remand, the missing evidence must be potentially material. See D'Agostino v. Berryhill, 2020 WL 4218213, at *2 (D. Conn. July 23, 2020); Pratts, 94 F.3d at 37 (holding that a "significant gap in the administrative record" warranted remand). "In other words, remand is not required if the putative error does not prejudice the claimant at subsequent steps of the evaluation process."

  3. Darden v. Saul

    No. 3:19-cv-891 (SRU) (D. Conn. Oct. 26, 2020)   Cited 4 times

    For the error to warrant remand, it must be material. See D'Agostino v. Berryhill, 2020 WL 4218213, at *2 (D. Conn. July 23, 2020). As the Second Circuit explained in Tankisi, "remand is not always required" if an ALJ fails to request medical opinions when "the record contains sufficient evidence from which an ALJ can assess the petitioner's residual functional capacity."