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Boone v. Colvin

United States District Court, Second Circuit

September 10, 2013

TAUNGA N. BOONE, Plaintiff;
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.

TAUNGA N. BOONE, Bronx, New York, Plaintiff TAUNGA N. BOONE, PRO SE.

Susan Branagan, Esq., UNITED STATES ATTORNEY FOR THE SOUTTHERN DISTRICT OF NEW YORK, New York, New York, Attorney for Defendant CAROLYN W. COLVIN

OPINION

ROBERT W. SWEET, District Judge.

Defendant Carolyn W. Colvin, Acting Commissioner of Social Security ("Defendant" Or "Commissioner") moves this court for an order remanding this case against Plaintiff Taunga N. Boone ("Plainitff" or "Boone") for further proceedings pursuant to the fourth sentence of 42 U.S.C. ยง 405(g).

For the foregoing reasons, Defendant's motion for remand is granted.

I. PRIOR PROCEEDINGS

On May 21, 2009, Plaintiff filed an application for disability insurance benefits and SSI, alleging that she became unable to work on March 31, 2009. (Administrative Transcript, "Tr."; 187-205.) This application was denied initially on July 28, 2009. (Tr. 81-87.) Plaintiff then requested a hearing before an Administrative Law Judge ("ALJ"), and on September 24, 2009 appeared and testified without an attorney present at a hearing before ALJ Lauren A. Esposito (the "ALJ"). (Tr. 29-31.) On December 29, 2010, the ALJ issued a decision finding Plaintiff not disabled under the Act. (Tr. 17-25.) This decision became the final decision of the Commissioner on July 10, 2012, when the Appeals Council denied Plaintiff's request for review. (Tr. 1-3.)

On August 22, 2012, Plaintiff commenced this action.

II. BACKGROUND

A. Testimonial and Other Non-Medical Evidence

Plaintiff was born in 1963 and was forty-six years old on the date of her hearing. (Tr. 37.) She completed high school and attended college for one semester, at which point she was trained as a dispatcher and held various jobs as a dispatcher for approximately twenty years. (Tr. 39; 40; 42.) She last worked as a dispatcher in 2006 or 2007. ( Id. ) Plaintiff alleges that she has been unable to work since March 31, 2009, due to back, ankle, knee and foot conditions, allergies and fibroids; Plaintiff testified at her hearing that "every joint is hurting." (Tr. 63; 188.)

During her hearing, Plaintiff testified that she was treated at Montefiore Hospital for most of her impairments, ( see Tr. 51, 55-56), but that she provided a "status of all the doctors that [she] had there" because "they have different addresses." (Tr. 51.) Plaintiff identified, with addresses, (1) Dr. Maya Gluck as the primary person she saw at Montefiore; (2) Dr. Yoo, a "renal doctor, "; (3) Dr. Kevin Reilly, an OB-GYN/surgeon; (4) Dr. Beth Stein, a neurologist; (5) Dr. Rosen, an orthopedic surgeon; (6) Dr. Eric Walter, a podiatrist; (7) Dr. Gruson, an orthopedic surgeon who treated her shoulder; and (8) Mrs. Maya, a physical therapist to whom she had been referred by Dr. Walter and Dr. Stein. (Tr. 74; 353.)

Plaintiff also testified that she had undergone mental health treatment at Montefiore, but at a different location than her other treatment. (Tr. 58.) She testified that she went for mental health treatment every week and saw her psychiatrist once a month beginning in 2008. (Tr. 59.) Plaintiff took Cymbalta for depression with no side effects, but ...


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