Opinion
19 CIVIL 1105 (DF)
03-29-2020
PRECIOUS SCOTT, Plaintiff, v. 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 March 27, 2020, Plaintiff's motion for judgment on the pleadings is granted, and Defendant's cross-motion for judgment is denied; the case is hereby remanded for further proceeding, pursuant to sentence four of 42 U.S.C. §405(g); judgment is entered in Plaintiff's favor; accordingly, the case is closed. Upon remand the ALJ is directed as follows;
(1) With respect to the Medical Source Statement completed by Singer and co-signed by Dr. Polycarpe;
(a) to treat the Statement as representing the opinion of Dr. Polycarpe;
(b) to consider Dr. Polycarpe to have been Plaintiff's treating physician;
(c) to give Dr. Polycarpe's opinion controlling weight, or articulate good reasons for not doing so, in accordance with the treating physician rule; and
(d) to reconsider his determinations regarding Plaintiff's functional capacity (as both a child and an adult) in light of Dr. Polycarpe's opinion; and
(2) With respect, in particular, to the determination of Plaintiff's functional capacity as a child, to revise his analysis by considering all relevant
evidence from both medical and educational sources, as discussed in the Memorandum and Order.Dated: New York, New York
March 29, 2020
RUBY J. KRAJICK
Clerk of Court
BY: /s/ _________
Deputy Clerk