Garcia v. Commissioner of Social Security (3:22-cv-00824-RMS)

ORDER: For the reasons stated in the attached ruling, the plaintiff's motion for an order reversing or remanding the Commissioners decision (Doc. No. 11) is GRANTED in part and DENIED in part to the extent the plaintiff seeks reman d for the payment of benefits. The Commissioner's motion to affirm that decision (Doc. No. 13) is DENIED.

On remand, "the ALJ is to explicitly consider the consistency and supportability factors of the [all the] medical opin ion evidence and, in turn, the plaintiff's residual functional capacity determination." Verna M. v. Kijakazi, No. 321-CV-1590(MPS)(RMS), 2022 WL 17251764, at *13 (D. Conn. Nov. 28, 2022). Additionally, the ALJ shall explicitly consi der whether the plaintiff can meet the on-task and attendance requirements for employment.

This is not a Recommended Ruling. The consent of the parties permits this Magistrate Judge to direct the entry of a judgment of the District Court in ac cordance with the Federal Rules of Civil Procedure. Appeals from this judgment can be made directly to the appropriate United States Court of Appeals. See 28 U.S.C. § 636(c)(3); FED. R. CIV. P. 73(c).The Clerk is further instructed that, if any party subsequently appeals to this court the decision made after remand, the appeal shall be assigned to the undersigned as the parties have consented the Courts jurisdiction.

Signed by Judge Robert M. Spector on March 13, 2023. (Salguero, Carlos)