U.S. District Court, WDNY Case Summaries: June 27, 2008

U.S. District Court, WDNY

Social Security

Disability

West v. Barnhart

06-CV-275

Judge Telesca

Background: In 2004, the plaintiff was a 48-year-old former kitchen supervisor, bus driver, recreation aide and residential manager and she applied for Social Security disability benefits. She claimed she was unable to work because of asthma, high blood pressure, anxiety, fibrous breasts and back pain. Her application was denied and this action was filed seeking review of the decision. She argues the denial was erroneous because it was not supported by substantial evidence in the record and contained errors of law. Both parties moved for judgment on the pleadings.

Ruling: The court grants the plaintiff's motion and remands the case for further administrative proceedings finding that the ALJ relied on ambiguous medical evidence related to the plaintiff's asthma and smoking, and failed to elicit the testimony of a vocational expert. Upon remand, the ALJ will consult with a vocational expert to determine what jobs, if any, the plaintiff is capable of performing within a sedentary range of work.

Joseph D. Clark of Law Offices of Kenneth Hiller for the plaintiff, and Kevin D. Robinson, U.S. Attorney's Office, for the defendant

'Miranda'

Custody

U.S. v. Herman

07-CR-6088L

Judge Larimer

Background: The defendant in this firearms prosecution moved to suppress statements he made and evidence seized in May 2007 when he was arrested at his home at 172 Afton St., Rochester. Magistrate Judge Feldman recommended denial of the motion to suppress physical evidence, a box of ammunition obtained from the defendant's residence, along with certain oral statements. However, the judge recommended suppression of Herman's written or oral statements after the box of ammunition was surrendered.

Ruling: The recommendation of the magistrate judge is adopted. Once the box of ammunition was surrendered and the ATF special agent made certain statements, Herman was not free to leave and, therefore, was in custody. No Miranda warning was given, therefore those statements must be suppressed.

Christopher S. Ciaccio for the defendant, and Charles E. Moynihan, U.S. Attorney's

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