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United States Third Circuit


NEWELL v. COMM'R SOC. SEC., 03-1358

Denial of plaintiff's disability benefits under Title II of the Social Security Act is reversed where the ALJ 1) denied plaintiff's claim at step two of the sequential evaluation on erroneous bases, 2) failed properly to review the evidence, 3) improperly used lack of treatment as a basis for discrediting plaintiff, and 4) failed to comply with SSR 83-20.

Appellate Information

  • Decided 10/31/2003
  • Published 10/31/2003

Judges

  • Before BARRY, BECKER, and GREENBERG, Circuit Judges.

Court

  • United States Third Circuit

Counsel

  • For Appellant:
  • Abraham S. Alter (argued), Langton & Alter, Rahway, NJ, for Appellant.

  • For Appellees:
  • Christopher J. Christie, United States Attorney, Peter G. O'Malley, Assistant United States Attorney, Newark, NJ, Barbara L. Spivak, Chief Counsel-Region II, Karen T. Callahan (argued), Assistant Regional Counsel, Office of the General Counsel, Region II, New York, NY, Social Security Administration, for Appellee.
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