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

Daily Record (Rochester, NY), Sep 24, 2008

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

Social Security

Barney v. Astrue

07-CV-49

Judge Skretny

Background: The plaintiff filed suit challenging the denial of his claim for disability benefits. The disabilities alleged involve a herniated lumbar spine disc, thoracic and lumbar strain and degenerative disc disease. The ALJ found the plaintiff had not engaged in any substantial gainful activity since his application was filed in 2004; however, he retained residual functional capacity to perform "light level physical exertion," which did not include the ability to perform past work as a factory loader, store manager or laborer. The plaintiff contests the insubstantial weight given to the opinions of his treating physician and also argues the ALJ was biased racially because he found that the plaintiff, "who is African- American, lacked motivation to work and may have at times exaggerated his symptoms to continue receiving prescription pain medication." Both parties moved for judgment on the pleadings.

Ruling: The court finds the plaintiff's allegation of racial bias is "unfounded and ill advised." Judge Skretny, confirming there was adequate evidence in the record to substantiate the ALJ's finding that the plaintiff is not fully credible, notes the evidence "fully supports the ALJ's concern that [the p]laintiff's work history reflects a lack of motivation. In 1982, 1984, 1985, 1991, 1992 and 1993, [the] plaintiff had no work history whatsoever." The defendant's motion for judgment is granted and the case is dismissed.

William C. Bernhardi for the plaintiff, and Jane B. Wolfe, U.S. Attorney's Office, for the defendant

Anonymous Pleading

Minor Child

P.M. v. Evans-Brant Central School District

08-CV-168

Judge Arcara

Background: The plaintiff, P.M., commenced the action individually and on behalf of his minor child, plaintiff J.M., who suffers a disability, alleging the defendant school district denied J.M. a free, appropriate public education in violation of the Individuals with Disabilities Education Act, the Rehabilitation Act of 1973 and New York State Education Law. Before the court is the defendant's motion to dismiss, and the plaintiffs' motion to amend the caption of the complaint. The defendant moved to dismiss on the grounds that the plaintiffs failed to file the administrative records with the amended complaint, P.M. failed to include his actual name within the caption of the amended complaint and J.M. failed to provide his actual name to the defendant and to the court, under seal or otherwise. Subsequent to the defendant's motion, the administrative records were forwarded to the court and the plaintiffs provided their names in an affidavit.

Ruling: The court noted that the Second Circuit recently held that "when determining whether a plaintiff may be allowed to maintain an action under a pseudonym, the plaintiff's interest in anonymity must be balanced against both the public interest in disclosure and any prejudice to the defendant." The court rules that, in an action commenced by a parent or guardian on behalf of a minor child pursuant to IDEA, the plaintiffs should be permitted to proceed, as a matter of course, using initials in place of full names in public filings. The defendant's motion to dismiss is denied.

H. Jeffrey Marcus for the plaintiff, and David W. Oakes of Harris Beach PLLC for the defendant

Social Security

Spotford v. Astrue

07-CV-6271

Judge Siragusa

Background: The plaintiff's application for SSI benefits, filed in 2002, was denied and he sought judicial review of the denial. The plaintiff claims he is disabled as a result of depressive disorder, personality disorder, a history of substance dependence in sustained full remission, degenerative disc disease, degenerative joint disease and obesity. The ALJ gave substantial weight to the opinion of the plaintiff's treating psychiatrist, Dr. Donald Banzhaf, who said he believed the plaintiff was malingering.

Ruling: The ALJ properly followed the treating physician rule when he disregarded the treating doctor's opinions. The doctor did not provide objective medical evidence to support his opinions. The defendant's motion for judgment is granted and the case is dismissed.

Gregory T. Phillips of Segar & Sciortino for the plaintiff, and John J. Field, U.S. Attorney's Office, for the defendant

'Habeas Corpus'

Corchado v. Rabideau

04-CV-39

Judge Bianchini

Background: The petitioner seeks a writ of habeas corpus on the basis of constitutional infirmities in the judgment of conviction entered against him on Oct. 1, 1998, on charges of second degree manslaughter and third degree criminal possession of a weapon. The charges stemmed from Corchado's alleged involvement in the 1997 shooting death of Mark Kosmoski in Buffalo. Among the claimed constitutional infirmities, Corchado alleges an unreliable line-up identification, in which various intoxicated witnesses who had picked a fight with him that night and thereby precipitated the shooting, identified him only after some hesitation.