Deprospo v. Astrue

Social Services Law

New York Law Journal


Judge Joseph Bianco

Under 42 USC §405(g) of the Social Security Act Deprospo challenged the final decision of the Commissioner of Social Security denying him disability insurance benefits. The court found that the substantial evidence supported the presiding Administrative Law Judge's (ALJ) determination that Deprospo's musculoskeletal impairments did not render him per se disabled, nor did his mental impairments "functionally equal" a listed impairment in 20 CFR Part 404, Subpart P, Appendix 1. The court reasoned in part that the ALJ was not obligated to explicitly reconcile each piece of evidence he considered in his decision as long as it was clear that he weighed all of the evidence of plaintiff's symptoms, both subjective and objective. Further the court agreed with the Commissioner that the new medical evidence presented on appeal merely recited diagnostic tests that were already part of the record. Thus, the court ruled that nothing in the new medical evidence contradicted the ALJ's findings. Accordingly, the court held that there was substantial evidence in the record to support the ALJ's conclusion that plaintiff was not disabled within the meaning of the Social Security Act, and that plaintiff could perform the full range of sedentary work.

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