Summary
finding that the ALJ erred by not seeking additional information where he concluded that treating physician's opinions were "internally inconsistent and not supported by clinical findings"
Summary of this case from Santiago v. Comm'r of Soc. Sec.Opinion
5:08-cv-0251.
December 10, 2009
HOWARD OLINSKY, ESQ., OLINSKY, SHURTIFF LAW FIRM, Syracuse, NY, Counsel for Plaintiff.
Suzanne M. Haynes, Esq., Office of Regional General Counsel, Social Security Administration, Region II, New York, NY, Counsel for Defendant.
ORDER
The above matter comes to me following a Report-Recommendation by Magistrate Judge Victor E. Bianchini, duly filed on the 24th day of November 2009. Following ten days from the service thereof, the Clerk has sent me the file, including any and all objections filed by the parties herein.
After careful review of all of the papers herein, including the Magistrate Judge's Report-Recommendation, and no objections submitted thereto, it is ORDERED that:
1. The Report-Recommendation is hereby adopted in its entirety.
2. Defendant's motion for judgment on the pleadings is denied. Plaintiff's cross-motion for judgment on the pleadings is granted in part and denied in part and remanded for reconsideration.
3. The Clerk of the Court shall serve a copy of this Order upon all parties and the Magistrate Judge assigned to this case.
IT IS SO ORDERED.