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WDNY — Treating Physicians — Weight of Evidence: Zadorecky v. Astrue
By: Daily Record Staff//April 15, 2013
WDNY — Treating Physicians — Weight of Evidence: Zadorecky v. Astrue
By: Daily Record Staff//April 15, 2013//
Listen to this articleU.S. District Court, WDNY
Treating Physicians — Weight of Evidence
Past Relevant Work — Physical and Mental Demands
Zadorecky v. Astrue
11-cv-6285-cjs
Judge Siragusa
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
Case Digests
- Second Circuit – Plea agreements: Cook v. United States
- Fourth Department: Statute of limitations: Marino v. Weiler
- Fourth Department – Nail and mail service: Rebutting presumption of service L&W Supply Corporation v. Built-Rite Drywall Corp, et al
- Fourth Department – Mental Hygiene Law: Charles L. v. State of New York
- Second Circuit – Medicaid and Medicare certification: U.S. ex rel. Quartararo v. Cath. Health Sys. Of Long Island Inc.
- Fourth Department – Waiver of indictment: People v. King
- Fourth Department – Speedy trial: People v. Jordan
- Fourth Department – Rosario material: People v. Dennard
- Second Circuit – Magnuson-Stevens Act: State of New York v. Raimondo
- Fourth Department – Plea: People v. Davis
- Second Circuit – Revocation of minimum sentence: Bangs v. Walter William Smith, et al.
- Fourth Department – Relation-back doctrine: CHS Inc. v. Land O’Lakes Purina Feed, et al.
Law News
- Split court affirms gun conviction
- N.Y. Court of Appeals reverses gun conviction
- NY board approves cannabis lawsuit settlements, paves way for retail dispensaries
- NY Court of Appeals reverses murder conviction because of illegal police search
- NY Court of Appeals reverses gun conviction over ineffective counsel
- Split court affirms gun conviction, finding search and arrest were legal
- NY appeals court vacates drug conviction over illegal police search
- Split Court of Appeals strips Police Accountability Board of disciplinary power
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