Facts

Plaintiff A.Y.V sought review of the Commissioner of the Social Security's decision denying Plaintiff's application for Supplemental Security Income.

PLAINTIFF'S CONTENTIONS: Plaintiff alleged she was severely impaired from severe chronic obstructive pulmonary disease, hearing loss, residuals of a fractured right foot that contained cysts, a cyst on the liver, and obesity. Plaintiff contended Defendant erred when it determined Plaintiff was not disabled and when Defendant failed to consider Plaintiff's mild impairments, which included Plaintiff's mild mental limitations. Plaintiff contended Defendant failed to develop the record with regard to Plaintiff's hearing loss and failed to follow up on Plaintiff's limitations in the medical record for Plaintiff's obesity. Lastly, Plaintiff contended Defendant failed to recognize Plaintiff's right arm Lymphedema as medically severe and thus improperly considered Plaintiff's overall functioning capacity.

DEFENDANT'S CONTENTIONS: Defendant denied Plaintiff's contentions, and contended Plaintiff's application was denied because Plaintiff maintained sufficient functioning residual capacity to where Plaintiff could have performed light work. Defendant contended Plaintiff was not disabled through the last date insured and could have performed work as a waitress, such as Plaintiff had previously done.

Result

The court granted Plaintiff's motion for summary judgment after it concluded Defendant failed to properly develop the record with regard to Plaintiff's reported impairments.