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

Daily Record (Rochester, NY), Oct 10, 2008

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

Social Security

Lackey v. Astrue

06-CV-747

Judge Kahn

Background: The plaintiff applied for SSI benefits, the claim was denied administratively and she brought an action for judicial review of the denial. The plaintiff was 51 years old at the time of the hearing and her past employment was as a cook. She alleged physical disorders, including back problems, water retention in her lower extremities and shortness of breath. Her primary doctor noted that she smoked one and a half to two packs of cigarettes per day. The ALJ found the plaintiff's degenerative spinal joint disease, morbid obesity and asthma with chronic obstructive pulmonary disease are severe impairments but they do not equal any impairment listed within the regulations. It also was determined that she still can perform a full range of light work.

Ruling: The plaintiff argues that the ALJ failed to develop the record as there are no opinions of the plaintiff's functional limitations from any medical source. As the plaintiff was not represented by counsel during the administrative phase of the proceedings, the ALJ had a duty to further develop a medical record. The order denying benefits is reversed and the case is remanded.

Howard Olinsky for the plaintiff, and Sixtina Fernandez, Social Security Administration, for the defendant.