Young v. Astrue

Full title: Nathaniel YOUNG, Plaintiff-Appellant, v. Michael ASTRUE, Defendant-Appellee

Court: United States Court of Appeals, Second Circuit

Date published: Nov 25, 2008

300 F. App'x 116 (2d Cir. 2008)

Opinion

No. 07-1638-cv.

November 25, 2008.

UPON DUE CONSIDERATION of appeal No. 07-1638-cv from the judgment of the United States District Court for the Western District of New York, it is hereby ORDERED, ADJUDGED, and DECREED that the judgment of the District Court is VACATED and REMANDED.

Kenneth R. Hiller, Amherst, N.Y., for Appellant.

Susan M. Haynes, Special Assistant U.S. Attorney, Office of the General Counsel, Social Security Administration (Barbara L. Spivak and Richard Hill, on the brief) for Terrance P. Flynn, U.S. Attorney, Western District of New York, New York, N.Y., For Appellee.

PRESENT: Hon. JOSEPH M. McLAUGHLIN, Hon. GUIDO CALABRESI, Circuit Judges, and Hon. JOHN F. KEENAN, District Judge.¹

1 The Honorable John F. Keenan of the United States District Court for the Southern District of New York sitting by designation.

SUMMARY ORDER

Plaintiff-Appellant Nathaniel Young appeals the District Court's denial of his petition for Social Security benefits. The ALJ disregarded the only medical opinion that directly described Plaintiff's residual functional capacity and then found Plaintiff able to do light work. The ALJ, however, did not state what he found Plaintiff's functional capacity to be. The ALJ was required to state those findings specifically. See Ferraris v. Heckler, 728 F.2d 582, 586 (2d Cir. 1984). We therefore vacate and remand so that the ALJ can make the necessary findings as to Plaintiff's residual functional abilities.

We have considered all of Plaintiff-Appellant's arguments. Accordingly, the judgment of the District Court is VACATED and REMANDED.