Coletta

ORDER DENYING DEFENDANT’S CROSS-MOTION FOR SUMMARY JUDGMENT AND GRANTING PLAINTIFF’S MOTION FOR REMAND

Plaintiff Lords Coletta appeals from a final decision by the Commissioner of Social Security (Commissioner) under 42 U.S.C. § 405 (g) affirming the decision of an Administrative Law Judge (ALJ). The ALJ found that since Coletta was capable of performing a full range of sedentary work, he was not disabled and therefore not eligible for social security disability benefits. Tr. at 20-21.

The Social Security Administration Appeals Council declined to review the ALJ’s decision. Tr. at 4-5. Coletta timely requested judicial review pursuant to 42 U.S.C. § 405 (g), requesting that the ALJ’s decision be reversed, or, in the alternative, that the case be remanded to the Commissioner for further proceedings. The parties consented to the jurisdiction of a United States Magistrate Judge in accordance with the provisions of 28 U.S.C. § 636 and have filed cross-motions for summary judgment. This matter is deemed submitted on the briefing of the parties and the transcript of the administrative record below.

The Commissioner’s decision to deny benefits will be disturbed only if it is not…