Harden v. Commissioner of Social Security, No. 6:2020cv06683 - Document 17 (W.D.N.Y. 2022)

Court Description: DECISION AND ORDER Plaintiff's motion to vacate the ALJ's decision and remand the matter 12 is granted, and the Commissioner's cross motion for judgment on the pleadings 13 is denied. The ALJ's decision is reversed and rema nded, and the ALJ is instructed to render a new decision which considers all of the evidence of record, and redetermines plaintiff's claim. Such analysis should include assessment and weighing of Dr. Capicotto's opinion recontacting Dr. Ca picotto if further clarification is deemed necessary and reassessment of Nurse Practitioner Callan's opinions, with appropriate deference to the standards relevant to the weighing of medical opinions. The ALJ is further directed to reassess all of the other medical opinions of record, both exertional and non-exertional, given that due consideration of Dr. Capicotto's and Ms. Callan's opinions and the objective findings upon which they were based may shift the balance of the ALJ's reasoning with respect to those opinions he discredited as "inconsistent" with other evidence of record. Signed by Hon. David G. Larimer on 7/22/2022. (KAH) Clerk to Follow up

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