Lugo v. Apfel

MEMORANDUM ORDER

RAKOFF, District Judge.

Plaintiff Jose Lugo challenges the determination of defendant Commissioner of Social Security that plaintiff is not disabled and, consequently, is not entitled to Supplemental Security Income benefits. In particular, Lugo challenges the determination of Administrative Law Judge Mary C. Cerbone that Lugo had failed to establish his “inability to engage in any substantial activity by reason of any medically determinable physical or mental impairment ...,” 42 U.S.C. § 423(d)(1)(A), because, inter alia, “the level of pain alleged by the claimant as constant…