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15-5502 - Mills v. Colvin

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15-5502 - Mills v. Colvin
March 27, 2017
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ORDER granting 13 Motion for Judgment on the Pleadings; denying 15 Motion for Judgment on the Pleadings AND REMANDING FOR FURTHER ADMINISTRATIVE PROCEEDINGS -- As an initial matter, since Nancy A. Berryhill became Acting Commissioner of Social Security on January 23, 2017, she has been substituted for the named defendant pursuant to Federal Rule of Civil Procedure 25(d). For the reasons set forth in the ATTACHED WRITTEN MEMORANDUM AND ORDER, Plaintiff's motion for judgment on the pleadings is granted and the Commissioner's cross-motion for judgment on the pleadings is denied. Accordingly, the decision of the Commissioner is REVERSED, and this matter is REMANDED to the Commissioner pursuant to the fourth sentence of 42 U.S.C. ยง 405(g) for further administrative proceedings consistent with the Court's opinion. If Plaintiff's benefits remain denied, the Commissioner is directed to render a final decision within sixty (60) days of Plaintiff's appeal, if any. See Butts v. Barnhart, 388 F.3d 377, 387 (2d Cir. 2004). The Clerk of the Court is directed to enter judgment in favor of plaintiff and to close this case. SO ORDERED by Chief Judge Dora Lizette Irizarry on 3/27/2017. (Irizarry, Dora)