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05-4066 - Feliciano v. Commissioner of Social Security

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05-4066 - Feliciano v. Commissioner of Social Security
August 20, 2008
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ORDER Denying defendant's 9 Motion for Judgment on the Pleadings and REMANDING FOR FURTHER EVIDENTIARY PROCEEDINGS -- For the reasons set forth in the ATTACHED WRITTEN MEMORANDUM AND ORDER, defendant's motion for judgment on the pleadings is DENIED, and this matter is REMANDED to the Commissioner for further evidentiary proceedings consistent with this Order. Defendant is reminded that, on remand, the ALJ should seek additional medical records from Dr. Gavrilova and should include an evaluation of new medical evidence in his analysis. Moreover, the Commissioner shall take all steps necessary to prevent any undue delay in processing Plaintiff's case, and in conducting further proceedings before the ALJ. See Butts v. Barnhart, 388 F.3d 377, 387 (2d Cir. 2004). The Clerk of the Court is directed to close the file maintained in this matter. SO ORDERED by Judge Dora Lizette Irizarry on 08/20/08. (Irizarry, Dora)