Robert M. Spector
How Judge Spector rules, drawn from 8 signed orders. Every observation links to the order it came from.
How Judge Spector decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In Social Security appeals, reverses or remands for further consideration where the ALJ's decision is not supported, but affirms where substantial evidence supports it.
“The plaintiff's motion for an order reversing or remanding the Commissioner's decision (Doc. No. 18) is GRANTED and the Commissioner's motion to affirm that decision (Doc. No. 24) is DENIED.”
In reviewing medical-opinion evidence, requires a specific and evenhanded explanation of supportability and consistency rather than cursory approval of non-treating opinions and stricter scrutiny of treating providers.
“On remand, the ALJ should re-assess the opinions of the treating providers and properly explain—with citations to, and discussions about, the specific medical evidence—the supportability and consistency factors, as set forth above.”
Procedural preferences
On a motion for attorney's fees under 42 U.S.C. 406(b), grants a reasonable fee and orders counsel to refund the smaller EAJA award to the claimant.
“the Court recommends that Counsel's Motion for Attorney's Fees pursuant to 42 U.S.C. 406(b)(1) be GRANTED in the amount of $17,680.50 and that counsel be ordered to refund the $11,622.85 he received under the EAJA to the plaintiff.”
Cautions
On discovery disputes, denies overbroad motions to compel while granting narrowly tailored relief, and will sua sponte seal a filing that exposes personal identifiers.
“all motions are DENIED with one exception: the plaintiff's Motion to Compel ESI (Doc. No. 181) is GRANTED for the limited purpose of Robert Fitzpatrick conducting a forensics examination”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The plaintiff's motion for an order reversing or remanding the Commissioner's decision (Doc. No. 18) is GRANTED and the Commissioner's motion to affirm that decision (Doc. No. 24) is DENIED.”
“The plaintiff's motion for an order reversing or remanding the Commissioner's decision (Doc. No. 18) is DENIED. The Commissioner's motion to affirm that decision (Doc. No. 20) is GRANTED.”
“The plaintiff's motion for an order reversing or remanding the Commissioner's decision (Doc. No. 20) is GRANTED IN PART AND DENIED IN PART for further consideration of the effect of the plaintiff's mental impairment on the RFC. The Commissioner's motion to affirm that decision (Doc. No. 22) is DENIED.”
“the Court recommends that Counsel's Motion for Attorney's Fees pursuant to 42 U.S.C. 406(b)(1) be GRANTED in the amount of $17,680.50 and that counsel be ordered to refund the $11,622.85 he received under the EAJA to the plaintiff.”
“all motions are DENIED with one exception: the plaintiff's Motion to Compel ESI (Doc. No. 181) is GRANTED for the limited purpose of Robert Fitzpatrick conducting a forensics examination”
“For the aforementioned reasons, the Court DENIES the plaintiff's Mot[ions to Compel] (Doc. Nos. 182 & 194)”
“the Court GRANTS the Motion to Amend the Complaint (Doc. No. 18) on the ground that the plaintiff is entitled to amend his complaint as a matter of course”
“Count II should be dismissed without prejudice and with leave to amend as to Kimberly Natoli in her individual capacity. Lastly, the Court recommends that Count V be dismissed with prejudice as to President Trump, DCF, and Kimberly Natoli in her official capacity, because these defendants are immune from suit”
“the Court finds that the defendant’s motion to compel the Willkie Farr Emails is GRANTED.”
“The plaintiff’s motion for an order remanding the Commissioner’s decision (Doc. No. 17) is GRANTED and the Commissioner’s motion to affirm that decision (Doc. No. 19) is DENIED.”
Caseload & timing
From public federal docket records for this judge.
His docket combines criminal-duty matters with a substantial consent civil docket dominated by Social Security appeals. His non-Social-Security work also includes referred discovery and property or contract disputes.
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