Citations
- 931 F. Supp. 2d 890
Full opinion text
MEMORANDUM OPINION AND ORDER
MILTON I. SHADUR, Senior District Judge.
Dayna Charlayne Smith (“Smith”) seeks judicial review pursuant to the Social Security Act (“Act”), more specifically 42 U.S.C. §§ 405(g) and 1388(c)(3), of the final decision of then Commissioner of Social Security Michael Astrue (“Commissioner”) denying Smith’s claim for social security disability income (“SSDI”) and supplemental security income (“SSI”). Smith has moved for summary judgment under Fed.R.Civ.P. (“Rule”) 56 or alternatively to remand for further proceedings, while Commissioner seeks affirmance of her decision through her own motion for summary judgment. For the reasons stated in this memorandum opinion and order, Smith’s motion to remand is granted, while Commissioner’s motion for a summary judgment of affirmance is denied.
Procedural Background
On February 10, 2009 Smith filed an application for SSDI and SSI, alleging an onset of disability on December 23, 2008 (R. 13). Those claims were initially denied on June 19, 2009, and Smith’s appeal for reconsideration was also denied on January 8, 2010(i