By: Kristy O'Malley//October 28, 2015
By: Kristy O'Malley//October 28, 2015//
U.S. District Court, WDNY
Social Security Disability
Disabled – Work Capacity
Perkins v. Commissioner of Social Security
Background: The plaintiff sought review of the administrative law judge’s decision that she was not disabled under the Social Security Act.
Ruling: The District Court affirmed. The court found that a 54-year old woman with a high school education and past relevant work as a cashier, pharmacy technician and office helper is not disabling when the plaintiff is capable of performing simple, light work with frequent climbing, stooping, kneeling, crouching and crawling. Her treatment records reflect a history of complaints of pain and fatigue along with Type II diabetes, asthma, hypothyroidism and depression.
Justin M. Goldstein and Timothy Hiller of the Law Offices of Kenneth Hiller for the plaintiff; Heetano Shamsoondar of the Social Security Administration and Kathryn L. Smith of the U.S. Attorney’s Office for the defendant