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Groff v. Commissioner of Social Security

United States District Court, N.D. New York
Sep 3, 2008
7:05-CV-54 (N.D.N.Y. Sep. 3, 2008)
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Summary

recognizing difficulty of objectively identifying migraines as medically determinable impairments

Summary of this case from Slade v. Berryhill
See 6 Summaries

Opinion

7:05-CV-54.

September 3, 2008

LAWRENCE D. HASSELER, ESQ., CONBOY, McKAY LAW FIRM, Carthage, New York, Attorney for Plaintiff.

WILLIAM H. PEASE, Assistant United States Attorney, HON. GLENN T. SUDDABY, United States Attorney for the, Northern District of New York, Syracuse, New York, Attorney for Defendant.

ORDER

NORMAN MORDUE, District Judge

The above matter comes to me following a Report-Recommendation by Magistrate Judge Randolph F. Treece, duly filed on the 18th day of August 2008. Following ten days from the service thereof, the Clerk has sent me the file, including any and all objections filed by the parties herein.

After careful review of all of the papers herein, including the Magistrate Judge's Report-Recommendation, and no objections submitted thereto, it is

ORDERED, that:

1. The Report-Recommendation is hereby adopted in its entirety.

2. The Commissioner's decision denying SSI benefits is vacated and remanded for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g).

3. The Clerk of the Court shall serve a copy of this Order upon all parties and the Magistrate Judge assigned to this case.

IT IS SO ORDERED.

Summaries of

Groff v. Commissioner of Social Security

United States District Court, N.D. New York
Sep 3, 2008
7:05-CV-54 (N.D.N.Y. Sep. 3, 2008)

recognizing difficulty of objectively identifying migraines as medically determinable impairments

Summary of this case from Slade v. Berryhill

recognizing difficulty of objectively identifying migraines as medically determinable impairments

Summary of this case from Walker v. Colvin

In Groff, the district court acknowledged “the elusive task a doctor faces in diagnosing this impairment as there exists no objective clinical test which can corroborate the existence of migraines.

Summary of this case from Tomer v. Kijakazi

In Groff, the district court acknowledged "the elusive task a doctor faces in diagnosing this impairment as there exists no objective clinical test which can corroborate the existence of migraines."

Summary of this case from Slade v. Berryhill

In Groff, for example, given that the plaintiff was diagnosed with a migraine condition and had been treated for it, the ALJ was found to have erred in failing to find the existence of a medically determinable severe impairment and in failing to consider the plaintiff's subjective complaints.

Summary of this case from McPherson v. Colvin

In Groff, the district court noted "the elusive task a doctor faces in diagnosing this impairment as there exists no objective clinical test which can corroborate the existence of migraines."

Summary of this case from Walker v. Colvin
Case details for

Groff v. Commissioner of Social Security

Case Details

Full title:BRIAN GROFF, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant

Court:United States District Court, N.D. New York

Date published: Sep 3, 2008

Citations

7:05-CV-54 (N.D.N.Y. Sep. 3, 2008)

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