U.S. District Court, Western District of New York Case Summaries:
Daily Record (Rochester, NY), Oct 10, 2008
U.S. District Court, Western District of New York
Social Security
Public Benefits
Wolf v. Astrue
07-CV-582
Judge Telesca
Background: The plaintiff seeks judicial review of the denial of his application for disability benefits. The plaintiff filed the claim in 2002 alleging disability due to a lumbar disc injury and compression of the sciatic nerve stemming from a fall on ice while at work. At that time, he was 33 years old, had a high school education and previously worked as a security guard, gate guard, knife grinder, church cleaner, maintenance worker and armored car guard. The ALJ found the plaintiff has the residual functional capacity to perform a full range of sedentary work that did not involve "repetitive stooping" or "repetitive twisting at the waist," but is unable to perform any past relevant work. Both parties moved for judgment on the pleadings.
Ruling: There was substantial evidence in the record for the ALJ to conclude that, post-surgery, the plaintiff's condition is improving and no longer is severe enough to qualify for benefits. The complaint is dismissed.
Kenneth R. Hiller of the Law Offices of Kenneth Hiller for the plaintiff and Jane B. Wolfe, U.S. Attorney's Office, for the defendant.
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