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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46629 Judge Spatt PLAINTIFF COMMENCED an action pursuant to the Social Security Act, challenging the final determination of the Commissioner of Social Security, denying disability insurance benefits to him. Both parties moved for judgment on the pleadings. The court granted plaintiff’s motion for judgment on the pleadings and remanded to the commissioner for further administrative proceedings, finding that the administrative law judge (ALJ) failed to give proper deference to the findings by plaintiff’s treating physicians. The court found that if the ALJ had considered the treating physicians’ opinion, he might have found that plaintiff did not retain the capacity to perform sedentary work. The court added that it was the ALJ’s duty to seek additional information from the treating physicians sua sponte and that because the ALJ may not rely on the absence of evidence, he is under an affirmative duty to fill in any gaps in the record.

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