By: Daily Record Staff//April 15, 2013
By: Daily Record Staff//April 15, 2013//
U.S. District Court, WDNY
Treating Physicians — Weight of Evidence
Past Relevant Work — Physical and Mental Demands
Zadorecky v. Astrue
Background: The parties bring motions for judgment on the pleadings. At issue was whether the commissioner of Social Security’s decision that the plaintiff was not disabled was supported by substantial evidence.
Ruling: The District Court reversed. The court found that the Administrative Law Judge improperly rejected the opinions of the treating physicians. Further, the ALJ failed to discuss the physical and mental demands of the plaintiff’s past work and merely stated that the plaintiff was capable of performing her past relevant work as a secretary based on her residual functional capacity.
Mark M. McDonald of Bond and McDonald for the plaintiff; Kathryn L. Smith, assistant U.S. attorney, for the defendants