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CHIAPPA v. SECRETARY OF DEPT. OF HEALTH, ED., ETC.

No. 78 Civ. 4213.

497 F.Supp. 356 (1980)

Richard CHIAPPA, Plaintiff, v. SECRETARY OF the DEPARTMENT OF HEALTH, EDUCATION AND WELFARE, Defendant.

United States District Court, S. D. New York.

September 2, 1980.

Attorney(s) appearing for the Case

Zwerling & Zwerling, New York City, for plaintiff; Linda Strumpf, New York City, of counsel.

John S. Martin, Jr., U. S. Atty., Southern District of New York, New York City, for defendant; John M. O'Connor, Asst. U. S. Atty., Amy Yourman, Asst. Regional Atty., Dept. of Health, Ed. and Welfare, New York City, of counsel.

SOFAER, District Judge:

This appeal presents a persistent problem that arises in disability cases. It is the repeated failure of Administrative Law Judges (ALJs) to make specific findings as to (1) the weight they have given to the reports or letters of the applicant's physician; and (2) the credibility of the applicant's testimony, particularly claims of disabling pain. Reviewing courts should not have to guess about such fundamental matters. Nor should they have...

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