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

Daily Record (Rochester, NY), Oct 16, 2008

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

Social Security

Martinez v. Astrue

07-CV-6410

Judge Siragusa

Background: The petitioner seeks judicial review of the denial of his application for either disability or SSI benefits. In 2001, the plaintiff applied for disability and SSI benefits, claiming to be disabled due to a variety of physical and mental impairments, including atrial fibrillation and anxiety. The commissioner admitted that the Administrative Law Judge did not properly apply the "treating physician rule" when considering the opinions of the plaintiff's primary care physician. The defendant moved to remand the case and the plaintiff moved to remand solely for the calculation of benefits, stating in his brief that the "Social Security Administration has had ample time to 'get their act together.' ... [I]t is difficult to visualize an end in sight for the resolution of this case."

Ruling: The defendant's motion is granted. Remand for calculation of benefits is appropriate when the correct application of applicable legal standards could lead only to the conclusion that the applicant is entitled to benefits. The case is remanded, and the ALJ should indicate which evidence he is relying on with regard to the application for disability benefits, and which he is relying on with regard to the SSI application.

Gilberto Agudo Martinez, pro se, and John J. Field, U.S. Attorney's Office, for the defendant.