U.S. District Court, Western District of N.Y. Case Summaries: July

Daily Record (Rochester, NY), Jul 8, 2008

U.S. District Court, Western District of N.Y.

Social Security

Disability

Ward v. Astrue

06-CV-374

Judge Telesca

Background: The plaintiff brings this action following the denial of his claim for disability and SSI benefits. He alleges the decision of the administrative law judge, who denied his application for benefits, was not supported by substantial evidence. Both parties moved for judgment on the pleadings. The plaintiff filed his claim at the age of 31 in 2004, claiming he suffers from peripheral neuropathy in the lower extremities, affective and anxiety disorders and substance abuse. The ALJ found the plaintiff suffered from impairments that were severe, but not severe enough to meet or equal -- either singly or in combination -- any of the impairments listed in the regulations. It also was found that the plaintiff still could perform light work if he ended his substance abuse.

Ruling: The ALJ properly weighed the medical evidence. The ALJ reasonably determined the plaintiff's affective and anxiety disorders did not cause severe impairment and it is the plaintiff's abuse of substances that prevents him from working and worsens his mental condition. The plaintiff's complaint is dismissed.

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