Second Circuit – Social Security Disability Insurance: Rubin v. O’Malley

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United States Court of Appeals for the Second Circuit

Social Security Disability Insurance — Substantial evidence — Major depressive disorder

Rubin v. O’Malley

23-540

Judges Kearse, Lynch, and Nardini

Background: The plaintiff filed for Social Security Disability Insurance benefits in 2019 based on her condition of major depressive disorder. She was denied. After exhausting her administrative remedies, she appealed to the United States District Court, which denied her motion for judgment on the pleadings.

Ruling: The Second Circuit vacated the decision and remanded. The court held that the determination that she was not disabled during the period covered by her claim was not based on substantial evidence. The court noted that the absence of a contrary medical opinion concluding that the plaintiff can perform gainful work is not dispositive, but it is not insignificant. The court also highlighted the lengthy therapy notes detailing the claimant’s need for anti-psychotic drugs and difficulty with activities of daily living, which were also relied upon by the plaintiff’s psychologist. Finally, the non-medical evidence that detailed the plaintiff’s day-to-day difficulties mirrored the contents of the therapy notes.

Jeffrey Delott for the plaintiff-appellant; Leslie A. Ramirez-Fisher and Benjamin H. Torrance, assistant United States attorneys, for the defendant-appellee.