Potter v. Astrue

Social Services Law

New York Law Journal


Judge Glenn Suddaby

Potter, born in 1985, graduated high school "with an IEP" diploma. Unable to read or write, he is allegedly disabled by attention deficit hyperactivity disorder, learning disability, low intelligence, and various ailments. After a hearing on his 2010 application for disability and supplemental security income benefits, an administrative law judge (ALJ) found Potter not disabled under the Social Security Act. Although severe, Potter's borderline intellectual function and reading disorder were not listed impairments. He also had residual capacity to perform a full range of work, at all exertion levels, and perform simple tasks with supervision. The court granted the social security commissioner judgment. The ALJ did not err in giving weight to a psychologist's opinions while assigning little or no weight to the opinion of Potter's treating psychiatrist. Nor did the ALJ err in finding a significant number of jobs in the national economy that Potter could perform. As in Zabala v. Astrue, the ALJ found Potter capable of understanding and following simple oral instructions and directions. Moreover, the ALJ assessed Potter's capacity after appropriately weighing and considering record evidence as to his psychological limitations.

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