U.S. District Court for Western New York Case Summaries: September

Daily Record (Rochester, NY), Sep 30, 2008 by Reports

U.S. District Court, Western New York

Social Security

Caggiano v. Astrue

07-CV-361

Judge Skretny

Background: The plaintiff challenges the denial of her claim for disability benefits. She alleges disability based on panic attacks, migraines, anxiety and depression. The plaintiff's disabilities, though severe, were found to be insufficient to qualify for benefits under the regulations. The parties moved for judgment on the pleadings.

Ruling: The plaintiff's motion is granted and the case is remanded in order for the ALJ to fully evaluate whether the plaintiff's headache condition is a severe impairment, and to consider the condition in combination with the plaintiff's other severe impairments when determining an appropriate residual functional capacity. There is no indication that the ALJ considered the fact that, even if the plaintiff's headaches are relieved by medication, the medication makes her drowsy and requires her to sleep for two hours after taking it, limiting the work the plaintiff is able to perform.

Lewis L. Schwartz of Myers, Quinn & Schwartz LLP for the plaintiff, and Kevin D. Robinson, U.S. Attorney's Office, for the defendant