Stephanie Maniscalco//January 9, 2013
Stephanie Maniscalco//January 9, 2013
Where a claimant of Social Security disability benefits challenged the administrative law judge’s determination that she could perform her past relevant work, the record showed that the ALJ made the proper findings regarding the mental and physical demands of her past work and properly compared the demands to her residual functional capacity to do light work, so the denial of benefits was supported by the evidence.
Close question
Dissenting opinion by Melloy, J.: “The majority finds that the record presents a close question upon which reasonable minds could differ. As a result, the majority necessarily defers to the agency’s ruling as reflected in the ALJ’s opinion. Because I believe the ALJ failed to adequately discharge the duties of developing the record and explaining its findings, I find it unnecessary to extend such deference.”
Judgment is affirmed.
Young v. Astrue (MLW No. 64507/Case No. 12-2041 – 9 pages) (U.S. Court of Appeals, 8th Circuit, Riley, C.J.) Appealed from U.S. District Court, Eastern District of Arkansas, Volpe, J. (Anthony W. Bartels, Jonesboro, Arkansas, argued for appellant) (Thomas Chandler, Dallas, and Stacey E. McCord, Little Rock, Arkansas, argued for respondent).
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