Genier v. Astrue, 606 F.3D 46 (2nd Cir. 2010) The United States Court of Appeals for the Second Circuit recently addressed an Administrative Law Judge s credibility determinations and determined that they were not supported by the substantial evidence of record. In Genier, the plaintiff alleged disability based on obesity and its complications. The ALJ found the limitations that the Plaintiff testified to were not credible because the ALJ stated that the Plaintiff had indicated in a questionnaire that he could care for his dogs, cook and do laundry. However, the Plaintiff wrote in the questionnaire that he tried to do those things but needed help. The Court determined that this misconception of the evidence was so fundamental that the matter must be remanded for further consideration of the all of the evidence.
NOSSCR Social Security Forum Volume 32, No. 7 – July 2010