U.S. District Court, Northern District of the State of NY Case

Daily Record (Rochester, NY), Aug 27, 2008

Social Security

Disability

Gorham v. Astrue

06-CV-764

Judge Kahn

Background: The plaintiff's application for disability insurance benefits was denied and a request for judicial review of the denial followed. The plaintiff alleges Social Security erroneously failed to find her neck impairment meets Listing 1.04A, her residual functional capacity was not calculated properly and that there is no substantial evidence to support the commissioner's conclusion that there is significant work in the national economy that the plaintiff can perform. The plaintiff was 44 years old at the time of the hearing and holds a bachelors degree in communications as well as a degree from the Culinary Institute of America. Her past work experience includes work as a cake decorator, fundraising director, landscaper, restaurant manager/chef and substitute teacher. The plaintiff alleges disability due to back problems and herniated cervical discs.

Ruling: The court remands for a proper evaluation of the treating physician's opinion, the plaintiff's credibility and RFC. The ALJ also is directed to obtain the opinion of a vocational expert to determine whether the plaintiff's nonexertional limitations present significant limitations.

Peter L. Walton for the plaintiff, and Suzanne M. Haynes, Social Security Administration, for the defendant