District Judge Edgardo Ramos


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The parties cross-moved for judgment on the pleadings in action challenging defendant’s denial of plaintiff’s application for disability insurance benefits and supplemental security income. Plaintiff claimed he became disabled on the date he was laid off due to anxiety, depression, PTSD, vitiligo, heart disease, and hand tremors. Plaintiff was evaluated at the VA where he was assessed to have “moderate difficulty in social occupation or social functioning.” Plaintiff was later diagnosed with major depressive disorder and moderate anxiety disorder. Plaintiff was placed on a medication regimen that moderately alleviated his psychological issues. At a hearing, an ALJ concluded that although plaintiff had severe impairments, they did not equal the severity of the 20 listed impairments for eligibility and that plaintiff had residual functional capacity to perform basic unskilled work. On appeal, plaintiff contended the ALJ failed to consider medical reports from his treating physicians, though defendant asserted such error was harmless as the record was sufficient to support the ALJ’s determination. The court agreed with plaintiff and remanded for the ALJ to consider records from plaintiff’s treating physicians to accurately determine his RFC.