J. Richard Creatura
How Judge Creatura 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, distinguishes carefully between a medical opinion's objective and subjective bases: an ALJ cannot discount a physician's opinion by mischaracterizing its objective clinical basis as a mere recitation of the claimant's subjective reports. Denison v. Colvin, Dkt. 18 (2016-07-06).
“As substantial evidence in the record is lacking for this finding, and as the ALJ explicitly confused objective evidence with plaintiff’s subjective reports, the ALJ erred by rejecting the medical opinion.”
Will reverse where an ALJ's own stated rationale for discounting a claimant's evidence rests on a mistaken legal premise (e.g. treating fatigue as not a cognizable medical diagnosis), rather than deferring to the ALJ's characterization. Tate v. Colvin, Dkt. 28 (2016-08-30).
“the Court concludes that the ALJ erred by concluding that fatigue is not a medical diagnosis and by relying on this erroneous conclusion in order to reject a treating physician’s opinions regarding the mental limitations resulting from fatigue.”
Procedural preferences
Applies the standard substantial-evidence/legal-error standard of review evenhandedly: affirms where the ALJ cited substantial evidence and applied the correct legal standard, even where the claimant disputes the weight given to particular medical opinions. Maurice v. Astrue, Dkt. 17 (2009-08-26); Allen v. Astrue, Dkt. 17 (2010-03-12).
“After carefully reviewing the matter, the court finds that the ALJ’s decision is supported by substantial evidence and is free of any legal error. The court AFFIRMS the administrative decision.”
On stipulated remands, frequently spells out specific tasks for the ALJ to complete on remand (update the record, apply the special technique for mental impairments, reassess RFC and credibility, obtain vocational-expert testimony) rather than issuing a bare remand order. Johnson v. Astrue, Dkt. 19 (2009-08-31).
“it is hereby ORDERED that the above-captioned case be reversed and remanded, pursuant to sentence four of 42 U.S.C. § 405(g), for further administrative proceedings, including, but not limited to, the following actions: the administrative law judge (ALJ) will update the record regarding Plaintiff’s impairments”
Gives a self-represented claimant a genuine opportunity to cure a service defect before dismissing for failure to prosecute, rather than dismissing on the first deficiency. Holland v. Colvin, Dkt. 3 & 10 (2010).
“the court will recommend dismissal of this case for failure to prosecute the matter”
Cautions
Will dismiss a Social Security appeal for missing the 60-day statutory filing deadline under 42 U.S.C. section 405(g) where the claimant does not respond to the government's timeliness challenge -- a purely procedural bar unrelated to the merits. Lawson v. Astrue, Dkt. 9 (2010-06-24).
“Section 405(g) clearly states that an individual seeking judicial review of the Secretary's final administrative decision is required to file such action with the court “within sixty (60) days after the mailing to him of notice of such decision or within such further time as the Secretary may allow.””
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“After carefully reviewing the matter, the court finds that the ALJ’s decision is supported by substantial evidence and is free of any legal error. The court AFFIRMS the administrative decision.”
“it is hereby ORDERED that the above-captioned case be reversed and remanded, pursuant to sentence four of 42 U.S.C. § 405(g), for further administrative proceedings”
“Based on the stipulation of the parties, it is hereby ORDERED that the above-captioned case be REVERSED and REMANDED for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g).”
“Based on the stipulation of the parties, it is hereby ORDERED that the above-captioned case be REVERSED and REMANDED for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g).”
“it is ORDERED that the Commissioner’s decision in regard to Plaintiff’s application for disability benefits under Title II and XVI of the Social Security Act be REVERSED and REMANDED to the Commissioner of Social Security for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g).”
“ORDER that the Court AFFIRMS the Social Security Administration's final decision. Signed by Judge J Richard Creatura.”
“ORDER granting 15 Stipulated Motion to Remand by Judge J Richard Creatura.”
“ORDER FOR REMAND, granting 18 Stipulated Motion for Remand by Judge J Richard Creatura.”
“This matter has been briefed, and after reviewing the record, the undersigned finds no legal error in the administrative law judge’s decision and substantial evidence in the record supporting the decision denying plaintiff’s application for social security benefits. Accordingly, the Court affirms the administrative decision.”
“ORDER granting 11 Stipulated Motion to Remand by Judge J Richard Creatura.”
“ORDER AFFIRMING Administrative Decision. Signed by Magistrate Judge J Richard Creatura.”
“ORDER to REMAND to the administration for further consideration. Signed by Magistrate Judge J Richard Creatura.”
Put Judge Creatura's record to work
Ezel drafts and answers grounded in this exact profile: how Judge Creatura actually rules, not a generic AI guess.
Opens in Ezel Pro. Every answer is grounded in Judge Creatura's own signed orders and cites them.