Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

WILLIAMS v. BARNHART

United States District Court, S.D. New York


March 30, 2004.

DOROTHY WILLIAMS o/b/o BRANDON TORRES Plaintiff, -against- JO ANNE B. BARNHART, Commissioner of Social Security, Defendant

The opinion of the court was delivered by: VICTOR MARRERO, District Judge

DECISION AND ORDER

Plaintiff Dorothy Williams ("Williams") filed an application for Supplemental Security Income ("SSI") benefits in March 2000 on behalf of her son Brandon Torres ("Torres"), who suffers from asthma. An administrative law judge (the "ALJ") held a hearing and denied the application. The ALJ's decision became the final decision of the Commissioner of Social Security (the "Commissioner") in April 2003 when the Appeals Council denied Williams's request for review. Williams now seeks judicial review of the Commissioner's decision.

Both parties agree that the ALJ erred during the hearing by, inter alia, inadequately developing and considering the evidence on the record. Upon due consideration of the arguments from the parties and applicable law and precedent, and in light of the already extensive delay in adjudicating this application, the Court determines that remanding this case to the ALJ for further administrative proceedings as to Page 2 the March 2000 application would serve no purpose given the substantial evidence supporting Torres's claim of disability. Accordingly, the Court denies the Commissioner's motion for remand and grants Williams's motion for judgment on the pleadings as to the March `2000 application, and remands the March 2000 application to the Commissioner for the sole purpose of awarding benefits. See Curry v. Apfel. 209 F.3d 117, 124 (2d Cir. 2002); Carroll v. Sec, of Health and Human Servs., 705 F.2d 638, 644 (2d Cir. 1983). The Court will more fully explain its reasoning in a subsequent written decision.

  As both parties concede is appropriate, the Court remands to the Commissioner Williams's June 1998 SSI application, also filed on behalf of Torres, so that the Commissioner may remedy its failure to rule on Williams's request to reopen that application.

  The Clerk of Court is directed to enter judgment for Williams consistent with this order and close this case.

  SO ORDERED.

20040330

© 1992-2004 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.