Opinion

Lozito v. Commissioner of Social Security

Court
District Court, E.D. New York
Filed
Mar 16, 2025
Cited by
0 cases
Authority
More cited than 34.5%

“[U]pdated medical and other evidence will be necessary on remand, and [therefore,] the 60–day time limit for proceedings before the ALJ is too short.”

How later courts described this case

  • “[U]pdated medical and other evidence will be necessary on remand, and [therefore,] the 60–day time limit for proceedings before the ALJ is too short.”

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NEW YORK

-------------------------------------------------------------X

CHRISTOPHER M. LOZITO,

Plaintiff,

ORDER

-against- 21-cv-05969 (JMW)

COMMISSIONER OF THE SOCIAL SECURITY

ADMINISTRATION,

Defendant.

-------------------------------------------------------------X

WICKS, Magistrate Judge:

Plaintiff Christopher M. Lozito (“Plaintiff” or “Lozito”) previously sought review and

reversal of the final decision by the Commissioner of Social Security (“Commissioner” or

“Defendant”), reached after a hearing before an administrative law judge (“ALJ”), the result of

which denied his application for a period of disability and disability insurance benefits (“DIB”)

benefits under Title II of the Social Security Act (the “Act”) (hereafter, the “ALJ’s Decision”). In

response, Defendant moved to remand this case for further administrative proceedings because,

Defendant contended, the ALJ “failed to make the necessary factual findings in determining that

Plaintiff was not disabled.” (ECF No. 18-3.) The undersigned entered a Memorandum and Order

on February 12, 2025, reversing and remanding the ALJ’s Decision for further administrative

proceedings pursuant to 42 U.S.C. § 405(g), and directing the decision by the ALJ to be entered

within sixty (60) days of the entry of the Order, and, if that decision is a denial of benefits, that a

final decision of the Commissioner be rendered within sixty (60) days of Plaintiff's appeal from

the ALJ's decision. See Lozito v. Comm'r of Soc. Sec. Admin., No. 21-CV-05969 (JMW), 2025

WL 473978, at *1 (E.D.N.Y. Feb. 12, 2025).

Now before the Court is Defendant’s Motion to Alter the Judgment entered on February

12, 2025, requesting that the Order be amended to allow for one hundred twenty (120) days for

the ALJ to issue a new decision, and, if that decision is a denial of benefits, one hundred twenty

120 days from the date any request for review is submitted for the Commissioner to render a

final decision (ECF No. 21), which is opposed by Plaintiff. (See ECF No. 22.) For the reasons

stated herein, Defendant’s Motion to Alter Judgment (ECF No. 21) is GRANTED in part and

DENIED in part.

DISCUSSION

Rule 59(e) of the Federal Rules of Civil Procedure permits a court, on motion, to alter or

amend a judgment. The decision to grant or deny a motion to amend a judgment is within the

discretion of the Court. See McCarthy v. Manson, 714 F.2d 234, 237 (2d Cir. 1983). The

standards for a motion under Rule 59(e) are similar to those for a motion for reconsideration. See

Brown v. J.F.H. Mak Trucking, No. 95-2118, 1999 WL 1057274, at *1 (E.D.N.Y. Nov. 8, 1999).

“The standard for granting [a motion for reconsideration] is strict, and reconsideration will

generally be denied unless the moving party can point to controlling decisions or data that the

court overlooked matters, in other words, that might reasonably be expected to alter the

conclusion reached by the court.” Shrader v. CSX Transp. Inc.</i>, 70 F.3d 255, 257 (2d Cir.

1995); Kolel Beth Yechiel Mechil of Tartikov, Inc. v. YLL Irrevocable Tr., 729 F.3d 99, 104 (2d

Cir. 2013) (quotation omitted) (“A motion for reconsideration should be granted only when the

[moving party] identifies an intervening change of controlling law, the availability of new

evidence, or the need to correct a clear error or prevent manifest injustice.”).

Here, taking into consideration the Second Circuit precedent presented by the

Commissioner, as well as how the previously imposed time limits for further administrative

proceedings may impose a burden on the Agency (see generally, ECF No. 21), the Court alters

the previous judgment entered on February 12, 2025 as follows: the proceedings before an ALJ

must be completed within one hundred twenty (120) days of the issuance of this Order.

However, “the appellate time limit remains unmodified; if the ALJ's decision is a denial of

benefits, a final decision of the Commissioner must be rendered within sixty (60) days of

Plaintiff’s appeal from the ALJ’s decision.” Butts v. Barnhart, 416 F.3d 101, 106 (2d Cir. 2005)

(“Butts”); see also Cudak v. Comm'r of Soc. Sec., No. 21-CV-1250 (JS), 2025 WL 341930, at *2

(E.D.N.Y. Jan. 30, 2025) (“This case is remanded to the ALJ for all further proceedings. Such

proceedings shall be conducted within 120 days of this Order. If, upon remand, the ALJ denies

Plaintiff's claim, the Commissioner shall issue a final decision within 60 days of any appeal of

that denial.”).

The Court further notes that the primary purpose of the remand is for the ALJ “to make

necessary factual findings regarding Plaintiff’s limitations” and “further evaluat[e] the opinion

evidence regarding Plaintiff’s visual and manipulative limitations[,]” see Lozito, No. 21-CV-

05969 (JMW), 2025 WL 473978, at *18, – not necessarily to obtain “additional medical

evidence” as Defendant suggests. See ECF No. 21 at 5; see also Long v. Berryhill, No. 18-CV-

1146 (PKC), 2019 WL 1433077, at *3 (E.D.N.Y. Mar. 29, 2019) (internal citations omitted)

(“[R]emand is appropriate where inadequacies in the ALJ's analysis frustrate meaningful review,

such as when the ALJ makes credibility determinations and draws inferences from the record,

yet fails to fully explain the basis for them[.]”); Warcholak v. Colvin, No. 1:16-cv-00129(MAT),

2017 U.S. Dist. LEXIS 20806, at *13 (W.D.N.Y. Feb. 14, 2017) (remanding the matter where

“the ALJ and the Appeals Council misapplied the relevant legal standards, and failed to properly

develop the record by obtaining a function-by-function assessment from a medical expert”).

Indeed, the Court in fact did not remand for further development through another

administrative hearing and/or additional evidence, but instead remanded for further evaluation of

the opinion evidence regarding Plaintiff’s visual and manipulative limitations. The Second

Circuit found a sixty-day timeframe to be too abbreviated in Butts because the ALJ had been

ordered to marshal additional evidence and obtain the services of a vocational expert to provide

testimony about the jobs claimant could perform. See ECF No. 22 at 2; see also Butts, 416 F.3d

at 106 (“[U]pdated medical and other evidence will be necessary on remand, and [therefore,] the

60–day time limit for proceedings before the ALJ is too short.”).

CONCLUSION

Accordingly, for the foregoing reasons, Defendant’s Motion to Alter Judgment (ECF No.

21) is GRANTED in part and DENIED in part. The Judgment (ECF No. 20) and the

Memorandum and Order dated February 12, 2025, see Lozito, No. 21-CV-05969 (JMW), 2025

WL 473978, at *19, are hereby amended as follows: The decision by the ALJ is to be entered

within one hundred twenty (120) days of the entry of this Order on the docket and, if that

decision is a denial of benefits, a final decision of the Commissioner be rendered within sixty

(60) days of Plaintiff's appeal from the ALJ’s decision.

Dated: Central Islip, New York

March 16, 2025 S O O R D E R E D:

James M. Wicks

/S/

JAMES M. WICKS

United States Magistrate Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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