Brown v. Commissioner of Social Security

Full title: RICHARD BROWN, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant

Court: United States District Court, S.D. New York

Date published: Jan 29, 2002

00 Civ. 8129 (DAB) (RLE) (S.D.N.Y. Jan. 29, 2002)

Opinion

00 Civ. 8129 (DAB) (RLE)

January 29, 2002

MEMORANDUM OPINION ORDER

RONALD L. ELLIS, United States Magistrate Judge.

Before this Court is a Motion for Remand by defendant, Larry G. Massanari, Acting Commissioner of Social Security ("the Commissioner"), seeking to remand this action to the Commissioner pursuant to 42 U.S.C. § 405 (g). Defendant seeks a remand because of the administrative law judge's failure to identify the specific basis of his assessment of plaintiffs functional capacity, and because of the plaintiffs newly diagnosed psychiatric conditions on his ability to work. Plaintiff objects and requests that this Court continue to handle his case because medical documents were not considered by the Commissioner. Plaintiff misunderstands the nature of relief that this Court could offer. Since defendant has agreed to the only form of relief that this Court could order,

IT IS HEREBY ORDERED THAT this action be remanded to the Commissioner of Social Security to address the issues identified by defendant.

SO ORDERED