Opinion
Civil Action CV-12-0449
06-27-2012
GERARD MICHAEL YATES, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
Sullivan & Kehoe, LLP Francis P. Kehoe, III, Esq. Attorneys for Plaintiff LORETTA E. LYNCH United States Attorney Eastern District of New York Attorney for Defendant KENNETH M. ABELL Assistant United States Attorney
STIPULATION AND ORDER
(Spatt, J.)
IT IS HEREBY STIPULATED AND AGREED by and between counsel for the plaintiff, GERARD MICHAEL YATES and counsel for the defendant, MICHAEL J. ASTRUE, THE COMMISSIONER OF SOCIAL SECURITY, that pursuant to the fourth sentence of 42 U.S.C. § 405(g), the Commissioner's decision is reversed, and plaintiff's claim is remanded for further administrative proceedings, including a new hearing and a new decision. On remand, the Administrative Law Judge will: (1) reconsider all of the treating medical source evidence and opinions pursuant to the provisions of 20 C.F.R. § 404.1527 and Social Security Rulings 96-2p and 96-5p, specifically the opinion of Dr. Yadegar, and provide appropriate discussion and rationale to explain the weight given to such opinion evidence; (2) evaluate plaintiff's subjective complaints and provide rationale in accordance with the disability regulations; (3) give further consideration to plaintiff's residual functional capacity and provide appropriate rationale with specific references to evidence of record in support of the assessed limitations; (4) if warranted, obtain medical expert testimony to clarify the severity of plaintiff's impairments; and (5) obtain testimony from a vocational expert to clarify the effect of the assessed limitations on plaintiff's occupational base.
The Clerk of the Court shall enter judgment in this case once this Stipulation and Order has been signed and so ordered by the Court.
Dated: Kings Park, New York
June 22, 2012
Sullivan & Kehoe, LLP
By: __________________
Francis P. Kehoe, III, Esq.
Attorneys for Plaintiff
Dated: Central Islip, New York
June 22, 2012
LORETTA E. LYNCH
United States Attorney
Eastern District of New York
Attorney for Defendant
By: __________________
KENNETH M. ABELL
Assistant United States Attorney
__________________
Arthur D. Spatt
UNITED STATES DISTRICT JUDGE