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Gjeci v. Commissioner of Social Security

MEMORANDUM DECISION & ORDER denying 17 Motion for Judgment on the Pleadings: For the reasons set forth above, Defendant's motion for judgment on the pleadings is DENIED. The Clerk of Court is directed to close the motion at ECF No. 17, to terminate this action, and to remand this action to the Social Security Administration for further proceedings.

26 Cited authorities

  1. Richardson v. Perales

    402 U.S. 389 (1971)   Cited 55,760 times
    Holding that, when "presented with the not uncommon situation of conflicting medical evidence . . . [t]he trier of fact has the duty to resolve that conflict"

  2. Burgess v. Astrue

    537 F.3d 117 (2d Cir. 2008)   Cited 3,487 times
    Holding that the Social Security Administration “recognizes a ‘treating physician' rule of deference to the views of the physician who has engaged in the primary treatment of the claimant”

  3. Rosa v. Callahan

    168 F.3d 72 (2d Cir. 1999)   Cited 5,427 times
    Holding that remand for calculation of benefits is appropriate only when there is no "basis to conclude that a more complete record might support the Commissioner's decision" that the claimant would be classified as able to work

  4. Halloran v. Barnhart

    362 F.3d 28 (2d Cir. 2004)   Cited 4,075 times
    Holding that, although the ALJ did not explicitly follow the treating physician rule, the record and opinion made clear that the ALJ "applied the substance" of the rule and the claimant "received the rule's procedural advantages"

  5. Schaal v. Apfel

    134 F.3d 496 (2d Cir. 1998)   Cited 4,141 times
    Holding that "because the Commissioner failed to provide plaintiff with 'good reasons' for the lack of weight attributed to her treating physician's opinion . . . remand is necessary"

  6. Shaw v. Chater

    221 F.3d 126 (2d Cir. 2000)   Cited 3,363 times
    Holding that contradictory evidence must be "overwhelmingly compelling in order to overcome a medical opinion"

  7. Green-Younger v. Barnhart

    335 F.3d 99 (2d Cir. 2003)   Cited 2,689 times
    Holding ALJ erred in not giving treating physician's diagnosis of fibromyalgia controlling weight

  8. Vt. Teddy Bear Co. v. 1-800 Beargram Co.

    373 F.3d 241 (2d Cir. 2004)   Cited 2,368 times
    Holding that where a motion for summary judgment is unopposed, the district court may not rely solely on the facts asserted in the movant's 56.1 statement but “must be satisfied that the citation to evidence in the record supports the assertion.”

  9. Veino v. Barnhart

    312 F.3d 578 (2d Cir. 2002)   Cited 2,485 times
    Holding it was within the province of the ALJ to resolve contradictions between the consultative examinations findings and the consultative examiner's conclusions

  10. Balsamo v. Chater

    142 F.3d 75 (2d Cir. 1998)   Cited 2,480 times
    Holding ALJ may not “arbitrarily substitute [her] own judgment for competent medical opinion”

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 348,708 times   930 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 405 - Evidence, procedure, and certification for payments

    42 U.S.C. § 405   Cited 157,203 times   34 Legal Analyses
    Ruling out jurisdiction under 28 U.S.C. §§ 1331, 1346

  13. Section 423 - Disability insurance benefit payments

    42 U.S.C. § 423   Cited 68,787 times   2 Legal Analyses
    Finding of disability is prerequisite for eligibility and payment of DIB

  14. Section 404.1520 - Evaluation of disability in general

    20 C.F.R. § 404.1520   Cited 87,380 times   1 Legal Analyses
    Determining disability under Title II of the Act

  15. Section 404.1527 - Evaluating opinion evidence for claims filed before March 27, 2017

    20 C.F.R. § 404.1527   Cited 48,104 times
    Holding that "[t]he ALJ improperly reduced the two-step evaluation procedure mandated by the Regulations into solely consideration of the remaining factors in the Regulations, such as 'supportability' and 'consistency' factors"

  16. Section 404.1546 - Responsibility for assessing your residual functional capacity

    20 C.F.R. § 404.1546   Cited 3,848 times
    Explaining that the controlling regulations are clear that the RFC finding is a determination expressly reserved to the Commissioner

  17. Section 416.330 - Filing before the first month you meet the requirements for eligibility

    20 C.F.R. § 416.330   Cited 319 times
    Providing that applications for disability benefits remain in effect until ALJ issues final decision