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15-057 - Forquer v. Commissioner of Social Security


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15-057 - Forquer v. Commissioner of Social Security
July 13, 2016
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REPORT AND RECOMMENDATIONS: Recommendation that defendant's 13 MOTION for Summary Judgment be granted and plaintiff's 11 MOTION for Summary Judgment be denied and this matter dismissed. Any party may, within fourteen (14) days after being served with a copy of this Report and Recommendation, file with the Clerk of the Court written objections. Signed by Magistrate Judge Michael John Aloi on 7/13/16. (jss)
August 11, 2016
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RRULES Forquers objections as to the reopening and cognitive brain disorder claims 18; GRANTS IN PART the Commissioners motion for summary judgment regarding her cognitive brain disorder and reopening claims; SUSTAINS Forquers objections to the R&Rs findings as to her psychological opinion and credibility claims; GRANTS IN PART Forquers motion for summary judgment by REVERSING the Commissioners decision under sentence four of 42 U.S.C. 405(g); REMANDS Forquers psychological opinion and credibility claims to the Commissioner for further proceedings inaccord with this Memorandum Opinion and Order. The Court further DIRECTS that this case be STRICKEN from the active docket of this Court. The Court DIRECTS the Clerk of Court to enter a separate judgment order. Signed by District Judge Irene M. Keeley on 8/11/16. (jss)MEMORANDUM OPINION AND ORDER ADOPTING IN PART AND REJECTING IN PART THE MAGISTRATE JUDGES REPORT AND RECOMMENDATION 17, REVERSING THE COMMISSIONERS DECISION UNDER SENTENCE FOUR OF 42 U.S.C. § 405(g) AND § 1383(c)(3), AND REMANDING THE CASE TO THE COMMISSIONER: The Court ADOPTS IN PART AND REJECTS IN PART the R&R 17, REVERSES the Commissioners decision, and REMANDS this case to the Commissioner for further proceedings in accord with this Memorandum Opinion and Order. The Court OVE