Rucker v. Kijakazi, No. 3:2019cv01344 - Document 27 (N.D.N.Y 2022)

Court Description: DECISION AND ORDER: It is hereby ORDERED that the judgment of this court (Dkt. No. 21 ) is VACATED in part, and the matter is REMANDED to the Commissioner for further proceedings consistent with the majority opinion of the Second Circuit Court of Appeals panel. Signed by Magistrate Judge David E. Peebles on November 8, 2022. (ztc)

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Rucker v. Kijakazi Doc. 27 Case 3:19-cv-01344-DEP Document 27 Filed 11/08/22 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK JESSICA R., Plaintiff, v. Civil Action No. 3:19-CV-1344 (DEP) KILOLO KIJAKAZI, 1 Defendant. APPEARANCES: OF COUNSEL: FOR PLAINTIFF LACHMAN, GORTON LAW FIRM P.O. Box 89 1500 East Main Street Endicott, NY 13761-0089 PETER A. GORTON, ESQ. FOR DEFENDANT SOCIAL SECURITY ADMIN. Office of General Counsel 6401 Security Boulevard Baltimore, MD 21235 NATASHA OELTJEN, ESQ. DANIEL TARABELLI, ESQ. DAVID E. PEEBLES 1 Plaintiff’s complaint named Andrew M. Saul, in his official capacity as the Commissioner of Social Security, as the defendant. On July 12, 2021, Kilolo Kijakazi took office as the Acting Social Security Commissioner. She has therefore been substituted as the named defendant in this matter pursuant to Rule 25(d)(1) of the Federal Rules of Civil Procedure, and no further action is required in order to effectuate this change. See 42 U.S.C. § 405(g). Dockets.Justia.com Case 3:19-cv-01344-DEP Document 27 Filed 11/08/22 Page 2 of 3 U.S. MAGISTRATE JUDGE DECISION AND ORDER 2 Plaintiff commenced this action, pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3), to challenge a denial by the Commissioner of Social Security (“Commissioner”) denying her application for Social Security disability benefits. On March 2, 2021, this court entered judgment affirming the Commissioner’s decision and dismissing plaintiff’s complaint. Following an appeal from that decision and judgment, a panel of the Second Circuit Court of Appeals, by a two-to-one majority, ordered that the judgment be affirmed in part and remanded in part. The Second Circuit Court of Appeals panel majority opinion specifically found that the ALJ’s finding related to social interaction limitations was not supported by substantial evidence, and that the ALJ misapplied the treating physician rule as to the medical source statement from Dr. Mirza. The Second Circuit Court of Appeals panel majority concluded that, due to these errors, remand is warranted for further proceedings. It is therefore hereby ORDERED that the judgment of this court (Dkt. No. 21) is VACATED in part, and the matter is REMANDED to the Commissioner for further 2 This matter is before me based upon consent of the parties, pursuant to 28 U.S.C. § 636(c). 2 Case 3:19-cv-01344-DEP Document 27 Filed 11/08/22 Page 3 of 3 proceedings consistent with the majority opinion of the Second Circuit Court of Appeals panel; and it is further ORDERED that the clerk enter judgment consistent with this opinion. Dated: November 8, 2022 Syracuse, NY ________________________ DAVID E. PEEBLES U.S. Magistrate Judge 3

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