United States Second Circuit

In plaintiff's appeal from the district court's judgment affirming the Social Security Administration's denial of benefits to plaintiff, the judgment is vacated where: 1) the administrative law judge (ALJ) failed to consider all of the evidence of record, including plaintiff's testimony and other statements with respect to his daily activities; and 2) plaintiff's testimony did not contradict his assertions that he had been substantially impaired by pain and fatigue prior to his treatment and surgery.

Appellate Information

• Argued 03/09/2010
• Decided 05/27/2010
• Published 05/27/2010

Judges

• PER CURIAM., Before LEVAL, SACK, and WESLEY, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Mark Schneider, Plattsburgh, New York, for Appellant.


• For Appellees:
  
• Kristina Cohn, Special Assistant U.S. Attorney (Stephen P. Conte, Acting Regional Chief Counsel, Office of the General Counsel, Social Security Administration, on the brief), for Andrew T. Baxter, Acting United States Attorney, Northern District of New York, Syracuse, New York, for Appellee.