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MOLT v. COMMISSIONER OF SOCIAL SECURITY

United States District Court, N.D. New York
Dec 28, 2009
1:05-CV-0418 (NPM/VEB) (N.D.N.Y. Dec. 28, 2009)
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Summary

finding that the ALJ erred in not "re-contact[ing]" treating sources to "supply opinions"

Summary of this case from Perrone v. Saul
See 6 Summaries

Opinion

1:05-CV-0418 (NPM/VEB).

December 28, 2009

FOR PLAINTIFF: Thomas C. Erwin, Erwin, McCane Law Firm, Albany, NY.

FOR DEFENDANT: William Pease, AUSA, Office of the United States Attorney, Syracuse, NY.

Order

NEAL McCURN, Senior District Judge

Plaintiff, Michelle Molt, brings this action pursuant to the Social Security Act, 42 U.S.C. §§ 405(g), 1383(c)(3), seeking review of a final decision of the defendant, Commissioner of Social Security ("the Commissioner"), denying her application for Childhood Disability Insurance benefits ("CDB") and Supplemental Security Income ("SSI"). By Report-Recommendation dated December 4, 2009, the Honorable Victor E. Bianchini, United States Magistrate Judge, recommends that the Commissioner's decision denying disability and SSI benefits be remanded for further proceedings in accordance with his recommendation and pursuant to sentence four of 42 U.S.C. § 405(g). See Dkt. No. 13. Neither party having objected thereto, and this court having carefully reviewed same for clear error, this court adopts the Report-Recommendation in its entirety. See 28 U.S.C. § 636(b)(1).

Accordingly, it is ORDERED that the Commissioner's decision denying disability and SSI benefits be remanded for further proceedings in accordance with the December 4, 2009 Report-Recommendation of the Honorable Victor E. Bianchini, United States Magistrate Judge and pursuant to sentence four of 42 U.S.C. § 405(g).

IT IS SO ORDERED.

Summaries of

MOLT v. COMMISSIONER OF SOCIAL SECURITY

United States District Court, N.D. New York
Dec 28, 2009
1:05-CV-0418 (NPM/VEB) (N.D.N.Y. Dec. 28, 2009)

finding that the ALJ erred in not "re-contact[ing]" treating sources to "supply opinions"

Summary of this case from Perrone v. Saul

finding ALJ was "correct in noting that Plaintiff failed to allege that any of her physical impairments limited her ability to work" because plaintiff failed to list physical impairments on her disability reports

Summary of this case from Cote v. Berryhill

noting that "the ALJ was previously made aware of the need to develop the record," and remanding to require the ALJ to request a functional assessment of the claimant's limitations from her treating psychiatrist, or alternatively, to send the claimant to a psychiatric consultative examiner

Summary of this case from Servidas v. Comm'r of Soc. Sec.

In Molt v. Comm'r of Soc. Sec., No. 1:05-CV-0418, 2009 WL 5214920 (N.D.N.Y. Dec. 28, 2009), the Court found the ALJ failed to attempt to obtain a functional assessment from the treating psychiatrist because not only was there no medical source statement from any treating physician, but also evidence that the ALJ had been made aware through the statements of a reviewing State Agency medical source that the evidence from the relevant time period was insufficient to make a determination and that a mental examination was required.

Summary of this case from Uriah v. Comm'r of Soc. Sec.

remanding where record contained "no indication . . . that the ALJ requested [the plaintiff's] treating sources" provide functional assessments or other opinions

Summary of this case from Padget v. Colvin

remanding case in which plaintiff was required to show mental disability during a previous period because the ALJ failed to develop the record when there was “no indication from the record that the ALJ requested her treating sources supply opinions”

Summary of this case from Rogers v. Astrue
Case details for

MOLT v. COMMISSIONER OF SOCIAL SECURITY

Case Details

Full title:Michelle Molt, Plaintiff, v. Commissioner of Social Security, Defendant

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

Date published: Dec 28, 2009

Citations

1:05-CV-0418 (NPM/VEB) (N.D.N.Y. Dec. 28, 2009)

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