Opinion
20 CIVIL 5600 (KHP)
03-09-2022
Denise Hairston, Plaintiff, v. Commissioner of Social Security, Defendant.
JUDGMENT
It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated March 9, 2022, Plaintiffs motion for judgment on the pleadings is GRANTED and Defendant's cross-motion is DENIED. The case is remanded to the Commissioner for further proceedings consistent with the opinion. Because the case must be remanded for additional questioning and obtaining treatment records, the ALJ is directed to also obtain updated school records (e.g., individual education plan). Daisy P. o/b/o C.P. v. Saul, 2021 WL 911709, at *4 (W.D.N.Y. Mar. 10, 2021) (when a child alleges a mental impairment, "the failure to obtain school records can support a remand for failure to develop the record.”) 1