Facts

Plaintiff Michael Kroeger sought judicial review of the administrative law judge's decision denying plaintiff disability insurance benefits under the Social Security Act.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that the court previously held that substantial evidence did not support the conclusions that plaintiff was not disabled prior to June 29, 2011, and no new evidence supported departing from the findings of the case. Further, plaintiff contended that the ALJ erred at step two by improperly considering the impact of plaintiff's substance use and by failing to find that plaintiff's mood/bipolar disorder was a severe impairment prior to June 29, 2011. Also, plaintiff contended that the ALJ erred in discounting plaintiff's subjective symptom testimony. Lastly, plaintiff contended that the ALJ erred by rejecting the opinion of licensed clinical social worker Omar Geray.

DEFENDANT'S CONTENTIONS: Defendant denied the contentions.

Result

The court granted plaintiff's motion for summary judgment. First, the court held the ALJ gave the opinion of examining psychologist Dr. Scaramozzino little weight while assigning the greatest weight to the testimony of non-examining psychiatrist Dr. Cohen. Second, the court found the ALJ erred by improperly considering evidence of plaintiff's substance abuse. Third, the ALJ erred in rejecting plaintiff's subjective symptom testimony and mischaracterizing plaintiff's daily activities. Finally, the court found that plaintiff's daily activities did not provide a clear and convincing reason to reject plaintiff's testimony and that plaintiff met his burden in showing he was disabled prior to December 31st, 2010. Therefore the matter was remanded.