From Casetext: Smarter Legal Research

Longbardi v. Astrue

United States District Court, S.D. New York
Jan 6, 2009
07 Civ. 5952 (LAP) (S.D.N.Y. Jan. 6, 2009)
Download
PDF
Check
Treatment

Summary

remanding for ALJ to re-weigh the evidence from treating sources

Summary of this case from Sanchez v. Colvin
See 3 Summaries

Opinion

07 Civ. 5952 (LAP).

January 6, 2009

ORDER

LORETTA PRESKA, District Judge

On August 5, 2008, Magistrate Judge Dolinger issued a Report and Recommendation denying the Commissioner's motion to dismiss on the pleadings and recommending that the case be remanded for further consideration and administrative proceedings, as described therein, to determine whether Plaintiff is entitled to disability insurance benefits under the Social Security Act and, if so, in what amount. (Dkt. No. 16.) Objections to that Report and Recommendation were due on August 25, 2008. Having received no Objections, and finding Judge Dolinger's decision to be well-reasoned and thoroughly grounded in the law, his Report and Recommendation is hereby ADOPTED.

SO ORDERED:

Summaries of

Longbardi v. Astrue

United States District Court, S.D. New York
Jan 6, 2009
07 Civ. 5952 (LAP) (S.D.N.Y. Jan. 6, 2009)

remanding for ALJ to re-weigh the evidence from treating sources

Summary of this case from Sanchez v. Colvin

noting that if the hearing officer's decision denies the claimant benefits, it must “be sufficiently specific to make clear to any subsequent reviewers the weight the adjudicator gave to the treating source's medical opinion” (quoting Disarno v. Astrue, No. 06–CV–0461–JTC, 2008 WL 1995123, at *4 (W.D.N.Y. May 6, 2008))

Summary of this case from Deno v. Colvin

noting that if the hearing officer's decision denies the claimant benefits, it must “be sufficiently specific to make clear to any subsequent reviewers the weight the adjudicator gave to the treating source's medical opinion”

Summary of this case from Smith ex rel. J.H. v. Colvin
Case details for

Longbardi v. Astrue

Case Details

Full title:JULIE L. LONGBARDI, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of…

Court:United States District Court, S.D. New York

Date published: Jan 6, 2009

Citations

07 Civ. 5952 (LAP) (S.D.N.Y. Jan. 6, 2009)

Citing Cases

La Torre v. Colvin

To the extent that ALJ's Russak's determination was based on Dr. Lathan's opinion, that opinion is not…

Almodovar v. Berryhill

The reviewing court may set aside a decision of the Commissioner only if it is "based on legal error or if it…

115 Citing Cases