Malarkey v. Astrue

1 Citing case

  1. Clark v. Astrue

    08 Civ. 10389 (LBS) (S.D.N.Y. Aug. 4, 2010)   Cited 27 times
    Opining that an ALJ "committed legal error" when he "fail[ed] to explicitly consider all the required factors [articulated in Halloran] when evaluating [the treating physician's] opinion"

    On remand, "the ALJ should [determine whether Plaintiff is disabled] after proper application of the treating physician rule and additional development of the record as he sees fit." Malarkey v. Astrue, No. 08 Civ. 9049 (JCF), 2009 WL 3398718, at *14 (S.D.N.Y. Oct. 20, 2009). We recognize that this disposition will disappoint both parties, who have urged a final resolution of this matter.