Another Remand Makes a Trifecta
January 1, 2009
Author: Catherine M. Callery (Kate)| Louise M. Tarantino
Ann Biddle, Esq., Paul M. Ryther, Esq.
Chief Judge Norman A. Mordue issued another remand order in a case handled by Louise Tarantino and Rob Cisneros of the Empire Justice Center. In Dickson v. Astrue, 2008 WL 4287389 (NDNY 2008), Judge Mordue determined that the ALJ erred in finding that the plaintiff’s mental impairment was not severe. As a result, the ALJ’s residual functional capacity (RFC) determination was erroneous because he failed to consider any of the mental impairments.
Judge Mordue also agreed with plaintiff’s argument that the ALJ failed in his duty to fully develop the record. The Court noted that the administrative transcript did not contain any statements from any of plaintiff’s treating sources regarding how her impairments affected her ability to perform work-related activities. “The ALJ’s failure to seek medical evaluations from plaintiff’s treating sources and to apply the proper standard to assess plantiff’s ability to meet the mental demands of work, deprived plaintiff of a full hearing.”
Lastly, Judge Mordue agreed with plaintiff that the ALJ erred by relying on a vocational expert’s response to a hypothetical question that did not include all of plaintiff’s limitations, namely her metal impairments. Since the ALJ failed to consider mental impairments when he formulated the plaintiff’s RFC, his hypothetical question was incomplete, and his decision was not supported by substantial evidence.
Here’s hoping that Judge Mordue continues his (and our) winning streak.
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