Thank you for sharing!

Your article was successfully shared with the contacts you provided.
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.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 3 articles* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.