NY DISABILITY LAWYERS JOURNAL

Decisions by NY City ALJ’s Overturned in Federal Court


Yakov Gilman v. Apfel, 98-CV-2093 (FB)

ALJ: Harold Rosenbaum, Bklyn OHA

Fed Court Judge: F. Block, EDNY

Decided: 9/24/99

Attorney: R. Axelrod

Clients of Axelrod and Gottlieb have given permission to post articles about their cases.


Rosenbaum brushed off

claimant’s heart pain

--

Court finds pain claims supported by evidence

ALJ Rosenbaum found 65 year old Yakov Gilman’s heart pain complaints not credible because claimant’s medications were limited to "over the counter analgesic which as he indicated relieves his symptomotology."

Federal Judge Block took exception, finding in the record claimant reports of current appropriate heart medication and continued complaints of pain.

Noting heart meds reported in the record, Judge Block wrote that "[b]ecause Gilman’s subjective complaints of pain were supported by objective evidence, which the ALJ did not address, the Court determines that the Commissioner’s decision is not supported by substantial evidence." The case was remanded for a new ALJ hearing.

 

 

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