U.S. District Court, Western District of N.Y. Case Summaries: July
Daily Record (Rochester, NY), Jul 29, 2008
U.S. District Court, Western District of N.Y.
Social Security
Disability
McAuliffe v. Barnhart
06-CV-0453
Judge Telesca
Background: The plaintiff's claim for disability benefits was denied and she brought action alleging the denial was erroneous and not supported by substantial evidence in the record. The plaintiff was a 58-year-old former secretary, travel clerk and cashier when she applied for benefits in 2001, claiming she was unable to work as of April 16, 1998 because of a heart condition, diabetes, ankle problems and spinal disc problems. The denial of benefits largely came as the result of the testimony of a vocational expert concerning the combination of the plaintiff's visual impairments with her ability to sit and stand. The conclusions drawn from this led to the finding that the plaintiff would be able to return to some of her previous work.
Ruling: The court reverses the denial of benefits and remands for a calculation of benefits, finding the vocational expert's testimony to be unreliable.
Felice A. Brodsky for the plaintiff, and Jane B. Wolfe, U.S. Attorney's Office, for the defendant
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