Facts

Plaintiff Melvina N. Smith sought judicial review of a final decision of the Commission of Social Security denying her benefits.

PLAINTIFF'S CONTENTIONS: Plaintiff contended the ALJ erred when it improperly determined Plaintiff was not disabled and further failed to provide sufficient evidence that would have supported its conclusion. Specifically, Plaintiff contended that her bipolar disability had not changed nor progressed that would have justified the ALJ in denying Plaintiff's benefits. Further Plaintiff contended that aside from her bipolar diagnosis, imaging of plaintiff's lumbar spine confirmed that Plaintiff also suffered from lumbar degenerative disc disease and grade one anterolisthesis. Moreover, Plaintiff's primary care physician, Mannie Joel, M.D., diagnosed lumbar disc disease with bilateral radiculopathy, S1 facet joint arthropathy, cervical disc disease with bilateral radiculopathy, and neuropathic pain. Plaintiff additionally contended that the ALJ erred when it determined Plaintiff's alcohol use was a material factor to plaintiff's disability and the ALJ improperly rejected the opinion of examining physician Dr. El-Sokkary, who concluded plaintiff had significant mental impairments.

DEFENDANT'S CONTENTIONS: Defendant denied Plaintiff's contentions.

Result

The court ruled in favor of Plaintiff after it concluded Defendant ALJ erred when he determined alcohol was a material factor to plaintiff's disability and when he rejected Dr. El-Sokkary's medical opinion.