United States Second Circuit

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Selian v. Astrue, 12-871

Judgment upholding defendant's determination that plaintiff was not disabled for the purpose of Social Security disability insurance benefits, is vacated and remanded, where: 1) the Administrative Law Judge erred in her treatment of plaintiff's claim that he suffered from fibromyalgia by failing to accord the proper weight to the opinion of plaintiff's treating physician, by misconstruing the record, and by failing to evaluate the claim in light of medically accepted diagnostic criteria; 2) the ALJ's determination that plaintiff could perform light work was not supported by substantial evidence; and 3) the ALJ further erred by not determining whether plaintiff's reaching limitation was non-negligible and would therefore require the testimony of a vocational expert.

Appellate Information

  • Decided 02/21/2013
  • Published 02/21/2013




  • United States Second Circuit