Summary
ruling that an ALJ "interject[ing] her own lay medical judgment" is impermissible
Summary of this case from Kimberly W. v. SaulOpinion
Civil Action No. 5:13-cv-585 (GLS/ESH)
07-08-2014
ANDREW JAMES SNYDER Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security Defendant.
APPEARANCES: FOR THE PLAINTIFF: Stanley Law Offices 215 Burnet Avenue Syracuse, New York 13203 FOR THE DEFENDANT: Social Security Administration Office of Regional General Counsel Region II 26 Federal Plaza - Room 3904 New York, New York 10278 OF COUNSEL: JAYA A. SHURTLIFF HEETANO SHAMSOONDAR, ESQ.
APPEARANCES:
FOR THE PLAINTIFF:
Stanley Law Offices
215 Burnet Avenue
Syracuse, New York 13203
FOR THE DEFENDANT:
Social Security Administration
Office of Regional General Counsel
Region II
26 Federal Plaza - Room 3904
New York, New York 10278 OF COUNSEL: JAYA A. SHURTLIFF HEETANO SHAMSOONDAR, ESQ. GARY L. SHARPE, CHIEF JUDGE ORDER
The above-captioned matter comes to this court following a Report-Recommendation by Magistrate Judge Earl S. Hines, duly filed May 21, 2014. Following fourteen days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein.
No objections having been filed, and the court having reviewed the Magistrate Judge's Report-Recommendation for clear error, it is hereby
ORDERED that the Report-Recommendation of Magistrate Judge Earl S. Hines filed May 21, 2014 (Dkt. No. 13) is ACCEPTED in its entirety for the reasons stated therein; and it is further
ORDERED that the Commissioner's decision is REVERSED and the case is REMANDED pursuant to 42 U.S.C. § 405(g), sentence four, for further proceedings in accordance with the recommendation; and it is further
ORDERED that the Clerk close this case and provide a copy of this Order to the parties in accordance to the local rules. IT IS SO ORDERED. Dated: July 8, 2014
Albany, New York
/s/_________
Gary L. Sharpe
Chief Judge
U.S. District Court