Opinion
19 CIVIL 3688 (JLC)
08-21-2020
ERIC ROMAN, Plaintiff, v. ANDREW M. SAUL, Commissioner, Social Security Administration, Defendant.
JUDGMENT
It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons set forth in the Court's Opinion and Order dated August 21, 2020, Roman's motion for judgment on the pleadings is granted, the Commissioner's cross-motion is denied, and the case is remanded to the ALJ pursuant to sentence four of 42 U.S.C. § 405(g). Specifically, on remand, and consistent with this Opinion, the ALJ should: (1) Provide a comprehensive analysis, including the application of the Burgess factors, for the weight assigned to the opinions of treating physicians Drs. Themistocle, Nunes, and Smith, if deemed less-than-controlling; (2) Reevaluate Roman's credibility based on further development of the record; and (3) Reconsider Roman's obesity after properly applying the treating physician rule. Dated: New York, New York
August 21, 2020
RUBY J. KRAJICK
Clerk of Court
BY: /s/ _________
Deputy Clerk