By: Daily Record Staff Reports//May 5, 2015
By: Daily Record Staff Reports//May 5, 2015//
U.S. District Court, WDNY – Social Security Disability – Treating Psychologist – Weight of Evidence
Borsching v. Colvin
Background: The plaintiff sought review of a determination of the commissioner of Social Security that she is not disabled under the Social Security Act. The administrative law judge found that the plaintiff had not engaged in substantial gainful activity since her application for benefits. He also concluded that she had severe impairments, including psychological impairments. However, it was determined that she retained a residual functional capacity with work restrictions. The ALJ relied upon a vocational expert who had opined the plaintiff could perform the position of housekeeper.
Ruling: The District Court found that the decision is based on legal error, is not supported by substantial evidence, and the matter was remanded for further proceedings. The court found that the ALJ erred when weighing the opinion of the plaintiff’s treating physician with respect to the plaintiff’s residual functional capacity. Further, the ALJ failed to consider or address the opinion of the plaintiff’s treating psychiatrist.
William J. McDonald of Bond McDonald for the plaintiff; Amanda Locksin of the Social Security Administration for the defendant