U.S. District Court, Western District of N.Y. Case Summaries:

Daily Record (Rochester, NY), Oct 28, 2008

U.S. District Court, Western District of N.Y

Social Security

Hussain v. Astrue

07-CV-210

Judge Curtin

Background: The plaintiff is 34 years old and applied for disability benefits from residual pain due to a car accident on June 27, 2004, which was denied. The ALJ found the plaintiff's impairments -- osteoarthritis, disc herniation, and status post pelvic/hip fractures -- to be severe, but not of sufficient severity to meet or equal any of the impairments detailed in the regulations. The ALJ determined that, while the plaintiff could not perform past relevant work as a driver, fast food worker or security guard, he can engage in light or sedentary work. After the denial, the plaintiff sought judicial review of the denial. Both parties moved for judgment on the pleadings.

Ruling: The ALJ rejected the opinion of the consultative neurological examiner and failed to give controlling weight to the opinions of the plaintiff's treating physicians. The court finds the ALJ erred in her consideration of the opinions of the plaintiff's treating physicians. It is unclear whether the ALJ considered such factors as "the frequency of examination," the "length, nature and extent of the treatment relationship" and the fact that one of the physicians is an orthopedic specialist. The case is reversed and remanded for further administrative proceedings.

Richard G. Abbott of Pusatier, Sherman, Abbott & Sugarman for the plaintiff, and Kevin D. Robinson, U.S. Attorney's Office, for the defendant