Geronimo v. Commissioner of Social Security, 1:13-cv-08263

Plaintiff Luz Geronimo challenged the SSA’s denial of DIB and SSI in a 2013 suit in the Southern District of New York.
ALJ Friedman’s June 6, 2012 decision found no disability and concluded Plaintiff could perform medium work and her past relevant work as a home-health aide.
Plaintiff alleged disability began November 7, 2010 due to low back pain, vertigo, hypertension, and obesity, and testified at a June 2012 hearing through a Spanish interpreter.
Medical evidence included treatment notes from CMD (2010–2011) and consultative exam by Dr. Salon (Aug. 2011); treating physician Dr. Zarkadas completed a detailed functional-ability form (Oct. 2011) but with conclusory support.
The ALJ assigned little weight to Dr. Zarkadas’s opinion, relying on lack of objective testing and findings; the court found this improper and remanded for clarification of the treating physician’s opinion.
The court ultimately granted Geronimo’s motion for judgment on the pleadings, vacated the ALJ’s denial, and remanded for further proceedings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Treating physician weight and reconciliation	Zarkadas’s opinion should be controlling; ALJ failed to develop the record.	Treating opinions are not controlling and can be given less weight.	ALJ erred; remand required to secure clarification from Zarkadas.

Veino v. Barnhart, 312 F.3d 578 (2d Cir. 2002) (treating physician rule; controlling weight if well supported)
Rosa v. Callahan, 168 F.3d 72 (2d Cir. 1999) (duty to develop record when treating-source opinion lacks support)
Schaal v. Apfel, 134 F.3d 496 (2d Cir. 1998) (requirement to seek clarification when records incomplete)
Calzada v. Asture, 753 F. Supp. 2d 250 (S.D.N.Y. 2010) (district court duties to develop the record)
Baladi v. Barnhart, 33 F. App’x 562 (2d Cir. 2002) (posture on weight given to treating opinions)