Farley v. Colvin

ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT, DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

VINCE CHHABRIA, United States District Judge

The ALJ’s decision is reversed and this case is remanded for an award of benefits. The administrative record clearly demonstrates that Farley has a disability — non-convulsive epilepsy — that should have caused the ALJ to find in his favor at step three. Farley’s failure to raise this issue on appeal does not prevent the Court from considering it, particularly given the obviousness of the error, the clarity and completeness of the record, and the…