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

Daily Record (Rochester, NY), Sep 29, 2008

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

Social Security

Huber v. Astrue

05-CV-699

Judge Mordue

Background: The plaintiff's application for SSI benefits was denied and action was filed to obtain judicial review of the denial. The plaintiff completed 10th grade and has past work experience as a laborer in the laundry business, housekeeper, and desk clerk. The plaintiff alleges disability due to depression and anxiety, migraines, status post arthroscopic acromioplasty on the right shoulder, low back pain, carpal tunnel syndrome, chronic obstructive pulmonary disease, osteopenia of the low back and hips and emphysema. The ALJ found the plaintiff still can perform at the "light and alternatively sedentary exertional levels."

Ruling: The court finds the ALJ's finding that the plaintiff can perform her past relevant work is not based on proper foundational findings and must be reevaluated on remand. The plaintiff's motion for judgment is granted and the case is remanded for further administrative proceedings.

Jaya A. Shurtliff of Olinsky & DiMartino LLP for the plaintiff, and William H. Pease, U.S. Attorney's Office, for the defendant