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14-1176 - Powell v. Colvin

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14-1176 - Powell v. Colvin
September 28, 2016
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RECOMMENDED RULING: Plaintiff's Motion to Reverse the Decision of the Commissioner, Dkt. 14 is denied; and Defendant's Motion for an Order Affirming the Decision of the Commissioner, Dkt. 15 is granted 36 Pages. Objections due by 10/12/2016 Signed by Judge Joan G. Margolis on 9/28/16.(Campbell, A)
March 20, 2017
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RULING ON CROSS MOTIONS TO REMAND AND AFFIRM THE DECISION OF THE COMMISSIONER OF SOCIAL SECURITY. For the reasons set forth in the attached ruling, and because I agree with Judge Margolis's conclusions in all respects, I will adopt her recommended ruling (Doc. #19) and affirm the Commissioner's decision. Plaintiff's motion to reverse the decision of the Commissioner or remand (Doc. #14) is DENIED. Defendant's motion to affirm (Doc. #15) is GRANTED. At oral argument the Court inquired of plaintiff's counsel about the serious concerns expressed by Judge Margolis in her recommended ruling relating to the deficiencies of plaintiff's counsel's performance. The Court was also surprised to learn at the hearing that counsel had not communicated with her client nor advised her client of today's hearing. The Court is concerned that counsel has not respected the rights of her client. See Conn. R. Prof. Cond. 1.4 (duties of communication with client). The Court advised counsel that it expects to see stronger performance from counsel in the future. If there are personal or other compelling reasons that prevent counsel from ably discharging her duties, the Court advised counsel that she should seek an extension of time as needed (and may do so under seal if there are personal or health reasons that counsel does not wish to make part of the public docket). Counsel may also wish to consider availing herself of assistance or guidance from the Connecticut Bar Association in the event that there are systemic challenges for her ability to furnish adequate representation. See Lawyers Concerned for Lawyers, The Clerk of Court shall close the case. It is so ordered. Signed by Judge Jeffrey A. Meyer on 3/20/2017. (Gruber, Sarah)