United States Second Circuit

In a case brought by plaintiff to challenge denial of her application for Social Security Disability Insurance, grant of motion for judgment on the pleadings in favor of defendant-Social Security Commissioner is vacated and remanded where: 1) the Administrative Law Judge erred by not following the mandatory "special technique" set forth in 20 C.F.R. section 404.1520a for evaluating the severity of a mental impairment; and 2) the court could not conclude from the record that this error was harmless.

Appellate Information

• Decided 10/16/2008
• Published 10/16/2008

Judges

Court

• United States Second Circuit

Counsel