Legal Opinion
Rosario v. Commissioner of Social Security
District Court, D. Puerto Rico
Decided April 14, 2004No. CIV.03-1201 HL/GAGPublished
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
GELPI, United States Magistrate Judge.
The present case is hereby REMANDED to the Commissioner of Social Security for the holding of a de novo evidentiary hearing before an Administrative Law Judge (“ALJ”) other than Miguel A. Mon-talvo, whom the Court DISQUALIFIES from presiding over the case.
In his decision denying plaintiff disability benefits (Tr. 19-27), ALJ Montalvo states the following in regards to plaintiffs treating physician and psychiatrist (apparently Drs. Vélez and Rojas, respectively):
Neither the psychiatrist nor the general practitioner has fulfilled…
2Cases cited7 opinions
- Gibson v. BerryhillSupreme Court of the United States · 1973
- David HEGGARTY, Plaintiff, Appellant, v. Louis W. SULLIVAN, MD, Secretary of Health and Human Services, Defendant, AppelleeCourt of Appeals for the First Circuit · 1991
- Juan RIVERA-TORRES, Plaintiff, Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, AppelleeCourt of Appeals for the First Circuit · 1988
- Ramona RIVERA-FIGUEROA, Plaintiff, Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, AppelleeCourt of Appeals for the First Circuit · 1988
- Ruperto Torres v. Secretary of Health & Human ServicesDistrict Court, D. Puerto Rico · 1992
2 more not listed; retrieve them via the Exa API.