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Ritchie v. Saul

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
Sep 30, 2020
19 CIVIL 1378 (DF) (S.D.N.Y. Sep. 30, 2020)

Opinion

19 CIVIL 1378 (DF)

09-30-2020

MELANIE M. RITCHIE, Plaintiff, v. ANDREW M. SAUL, Commissioner of Social Security, Defendant.


JUDGMENT

It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons set forth in the Court's Memorandum and Order dated September 29, 2020, Plaintiff's motion for judgment on the pleadings (Dkt. 17) is granted, and Defendant's cross-motion for judgment on the pleadings (Dkt. 20) is denied. This case is hereby remanded for further proceedings, pursuant to sentence four of 42 U.S.C. § 405(g). Upon remand, the ALJ is directed as follows:

(1) to develop the Record by

(a) seeking clarification from Dr. Booker regarding the basis of his opinion regarding Plaintiff's functional limitations; 48

(b) obtaining the complete medical records of any medical source who evaluated or treated Plaintiff for her back condition after she underwent the procedure for the permanent implantation of a spinal cord stimulator ("SCS"); and

(c) soliciting a medical source statement, including a function-by-function assessment of Plaintiff's exertional abilities, from one of Plaintiff's treating physicians or, if necessary, a consultative examiner, for the period after the permanent implantation of the SCS device;

(2) upon development of the Record, to reweigh the medical
opinion evidence, to reevaluate Plaintiff's subjective complaints of pain and regarding the extent of her functional impairments; and to reassess Plaintiff's RFC; and

(3) to the extent the ALJ revises Plaintiff's RFC by adding further limitations, to recall the VE, if necessary, for additional testimony regarding the availability of jobs that could be performed by a person with those limitations.

Judgment is entered in Plaintiff's favor. Dated: New York, New York

September 30, 2020

RUBY J. KRAJICK

Clerk of Court

BY: /s/ _________

Deputy Clerk


Summaries of

Ritchie v. Saul

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
Sep 30, 2020
19 CIVIL 1378 (DF) (S.D.N.Y. Sep. 30, 2020)
Case details for

Ritchie v. Saul

Case Details

Full title:MELANIE M. RITCHIE, Plaintiff, v. ANDREW M. SAUL, Commissioner of Social…

Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Date published: Sep 30, 2020

Citations

19 CIVIL 1378 (DF) (S.D.N.Y. Sep. 30, 2020)