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WDNY — Social Security: Juliano v. Astrue

U.S. District Court, WDNY

Social Security

Residual Functional Capacity — Type II Diabetes

Juliano v. Astrue
10-cv-6682L
Judge Larimer

Background: The plaintiff filed for disability insurance benefits alleging an inability to work due to diabetes mellitus, high blood pressure, a tumor in his knee and numbness in his left arm. His application was denied. At a subsequent hearing, the administrative law judge concluded that the plaintiff was not disabled under the Social Security Act.

Ruling: On appeal, the District Court dismissed the plaintiff’s complaint. The court found that the ALJ’s determination was supported by substantial evidence as the ALJ noted the pertinent medical evidence relative to Type II diabetes. The court upheld the ALJ’s finding that the plaintiff retained the residual functional capacity to perform the full range of light work. The plaintiff’s treatment notes reflected a fairly consistent blood sugar control, except for instances where the plaintiff had been noncompliant with dietary restrictions. The plaintiff’s examining physician’s reports did not support his claim of total disability as it only noted that he had been temporarily disabled due to right knee pain, but otherwise he was in good health.

Christopher M. Mesh of Connors & Ferris LLP for the plaintiff; Kathryn L. Smith of the U.S. Attorney’s Office for the defendant