NY DISABILITY LAWYERS JOURNAL

Decisions by NY City ALJ’s Overturned in Federal Court


Kevin Motley v. Apfel, 99-CV-1869 (ARR)

ALJ: Sol Wieselthier, Queens OHA

Fed Court Judge: A. Ross, EDNY

Decided: 3/31/00

Attorney: B. Gottlieb

 

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


Ross reverses Wieselthier

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Siezures and failed work attempts ground award of benefits on RFC grounds

Rejecting Queens ALJ Wieselthier’s step 5 denial, EDNY Judge Allyne Ross awarded benefits to 23 year old Kevin Motley on RFC grounds. Ross found Motley had siezures despite compliance with prescribed medication and a cognitive deficit. Evidence showed the claimant had siezures during hospital stays and while being monitored by EEG, but ALJ Wieselthier had found the seizure disorder to be "under fairly good control."

Important to the benefit award was evidence showing Motley had repeated failed work attempts. The supervisor of a supported employment program, where Motley tried a stock clerk job, wrote that despite "100% intensive job coaching [Motley] could not cope with the pressure on the job." The ALJ had noted merely that the claimant was "making attempts to gain vocational skills."

Judge Ross rejected SSA’s motion for further proceedings and awarded benefits, citing clear evidence of impairment at of near Listing levels.

 

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