Summary
holding that ALJ erred when looking only to objective evidence for rejecting medical source opinion relating to fibromyalgia
Summary of this case from Baker v. BerryhillOpinion
Civil Action No. 5:13-cv-451 (GLS/ESH)
01-06-2015
JOANNE C. CAMPBELL Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security Defendant.
APPEARANCES: FOR THE PLAINTIFF: Iaconis Law Firm 501 Genesee Street Chittenango, New York 13037 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: CHRISTOPHER D. THORPE PETER W. JEWETT, ESQ.
APPEARANCES:
FOR THE PLAINTIFF:
Iaconis Law Firm
501 Genesee Street
Chittenango, New York 13037
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: CHRISTOPHER D. THORPE PETER W. JEWETT, 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 November 17, 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 November 17, 2014 (Dkt. No. 32) 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, with instructions to admit into the evidentiary record the medical SUNY Health Sciences Center records that were "looked at" by the Appeals Council, but misplaced and not made part of the administrative transcript (i.e., Doc. No. 17, Ex. B). The Commissioner is further instructed to (a) reassess credibility of treating physician opinion and subjective testimony in light of the new evidence and existing evidence from the consulting rheumatologist, and (b) redetermine Campbell's residual functional capacity, all without regard to whether objective corroborating evidence of fibromyalgia and its limiting functional effects exist; 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: January 6, 2015
Albany, New York
/s/_________
Gary L. Sharpe
Chief Judge,
U.S. District Court