U.S. District Court, Northern District of New York Case Summaries:

Daily Record (Rochester, NY), Aug 21, 2008

U.S. District Court, Northern District of New York

Social Security

Denial of Benefits

White v. Commissioner of Social Security

06-CV-0564

Judge Kahn

Background: The plaintiff brought this action challenging the denial of Social Security benefits. Plaintiff was thirty-nine years old at the time of the ALJ's hearing and has a ninth grade education. Plaintiff's past work experience includes work as a bartender, waitress, and short order cook. Severe pain she began experiencing in 2002 required surgery. The vocational expert testified that plaintiff would be able to work as a cashier in a cafeteria or parking lot, which would be classified as unskilled, sedentary work.

Ruling: The court notes that the ALJ did not doubt that plaintiff was in pain, but instead doubted that she had as severe limitations as she testified, particularly the necessity to lie down for most of the day. The ALJ's credibility determination is supported by substantial evidence and the plaintiff's claims are dismissed.

Thomas C. Erwin for the plaintiff and Karen G. Fiszer, Special Assistant U.S. Attorney, for the defendant.