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Roman v. Saul

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
Aug 21, 2020
19 CIVIL 3688 (JLC) (S.D.N.Y. Aug. 21, 2020)

Opinion

19 CIVIL 3688 (JLC)

08-21-2020

ERIC ROMAN, Plaintiff, v. ANDREW M. SAUL, Commissioner, Social Security Administration, Defendant.


JUDGMENT

It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons set forth in the Court's Opinion and Order dated August 21, 2020, Roman's motion for judgment on the pleadings is granted, the Commissioner's cross-motion is denied, and the case is remanded to the ALJ pursuant to sentence four of 42 U.S.C. § 405(g). Specifically, on remand, and consistent with this Opinion, the ALJ should: (1) Provide a comprehensive analysis, including the application of the Burgess factors, for the weight assigned to the opinions of treating physicians Drs. Themistocle, Nunes, and Smith, if deemed less-than-controlling; (2) Reevaluate Roman's credibility based on further development of the record; and (3) Reconsider Roman's obesity after properly applying the treating physician rule. Dated: New York, New York

August 21, 2020

RUBY J. KRAJICK

Clerk of Court

BY: /s/ _________

Deputy Clerk


Summaries of

Roman v. Saul

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
Aug 21, 2020
19 CIVIL 3688 (JLC) (S.D.N.Y. Aug. 21, 2020)
Case details for

Roman v. Saul

Case Details

Full title:ERIC ROMAN, Plaintiff, v. ANDREW M. SAUL, Commissioner, Social Security…

Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Date published: Aug 21, 2020

Citations

19 CIVIL 3688 (JLC) (S.D.N.Y. Aug. 21, 2020)