Facts

Cynthia Russo sought judicial review of the Commissioner of Social Security's decision denying her application for Supplemental Security income.

PLAINTIFF'S CONTENTIONS: Russo contended that the administrative law judge erred in determining she was capable of performing her past relevant work as a cashier. Russo contended that according to her IRS earnings records, her earnings as cashier were below the threshold for substantial gainful activity.

DEFENDANT'S CONTENTIONS: The administrative law judge determined Russo was capable of performing past relevant work as a cashier because it found that Russo's earnings exceeded the threshold for substantial gainful activity.

Result

The court granted Russo's motion for summary judgment because it found the administrative law judge failed to resolve the conflict regarding Russo's earnings.