Albano v. Colvin

99 F. Supp. 3d 355, 2015 U.S. Dist. LEXIS 52955, 2015 WL 1782339
CourtDistrict Court, E.D. New York
DecidedApril 16, 2015
DocketNo. 14-CV-3650 (WFK)
StatusPublished
Cited by6 cases

This text of 99 F. Supp. 3d 355 (Albano v. Colvin) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Albano v. Colvin, 99 F. Supp. 3d 355, 2015 U.S. Dist. LEXIS 52955, 2015 WL 1782339 (E.D.N.Y. 2015).

Opinion

DECISION AND ORDER

WILLIAM F. KUNTZ, II, District Judge:

This is a review of a denial of Disability Insurance Benefits (“DIB”) by Carolyn W. Colvin, the Acting Commissioner of Social Security (“Commissioner”). Plaintiff Wanda Albano (“Plaintiff’) commenced this action pursuant to Section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), seeking judicial review of the Commissioner’s final decision denying her application for DIB. Before the Court are motions for judgment on the pleadings from each party. For the reasons set forth below, the Commissioner’s motion is GRANTED and Plaintiffs cross-motion is DENIED.

FACTUAL AND PROCEDURAL HISTORY

Plaintiff is a fifty-nine year-old female United States citizen who was born on April 8, 1956. Dkt. 13 (“R.”) at 31, 123. She is 5' 8" tall and weighed approximately 238 pounds in early 2012. Id. at 26, 148, 279. Plaintiff is married, and reports that she lives with a roommate. Id. at 30. She has a general equivalency diploma. Id. at 31. From 1996 until June 2010, Plaintiff worked in an office doing “filing[,]” “administrative things like an office,” speaking to customers on the phone and answering phones, and running errands that involved going to the bank, going to the post office, and dropping off packages with “papers and things.” Id. at 33-35; see also id. at 149 (identifying work as “Clerical”). Plaintiff stopped working on June 10, 2010 as a result of a knee injury. Id. at 148.

Plaintiff suffered an injury to her right knee in June 2010. Id. at 26. She had knee surgery in 2010, but reports that she continues to experience shooting pains as a result of her injury. Id. at 28, 31. Plaintiff reported that she has received shots and pain killers, including Vicodin, Cym-balta, and Meloxicam, for her pain. Id. at [359]*35936-37. The shots provide relief for a few days. Id. at 36. Plaintiff has also been prescribed albuterol for her asthma and hydrocodone, tramadol, and Tylenol with codeine for her pain-in the past. Id. at 144. Plaintiff further reports that she gained about thirty to forty pounds as a result of her knee surgery. Id. at 31. Plaintiff received Workers Compensation benefits from when she stopped work in 2010 until November 2012, at which point it was reported that she could return to work. Id. at 31-32.

On February 6, 2012, Plaintiff applied for DIB. Id. at 10. Plaintiffs application was initially denied on March 28, 2012. Id. at 10, 39. As a result of the denial, Plaintiff requested a hearing before an Administrative Law Judge (“ALJ”) on April 6, 2012. Id. at 10, 60-61. Plaintiff received a hearing on her application in front of ALJ Robert C. Dorf (“the ALJ”) on February 14, 2013. Id. at 10, 22-38. Plaintiff was represented by counsel. Id. at 5-6, 10, 24, 46-47. She received an Unfavorable Notice of Decision on March 13, 2013. Id. at 7, 18. Plaintiff appealed that decision on March 21, 2013. Id. at 5. The Appeals Council denied her request for review on May 30, 2014. Id. at 1.

On June 10, 2014, Plaintiff filed a complaint against the Commissioner pursuant to Section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), seeking judicial review of a final decision by the Commissioner denying her application for DIB. Dkt. 1 (“Compl.”). The Commissioner filed a motion for judgment on the pleadings on January 14, 2015. Dkt. 9 (“C’s Memo”). Plaintiff cross-moved for judgment on the pleadings that same day. Dkt. 11 (“P’s Memo”).

The Commissioner argues the Court should affirm the AL J’s determination that Plaintiff was not disabled because the ALJ properly evaluated the evidence and applied the correct legal standards to the facts. C’s Memo at 15-25; see also Dkt. 12 (“C’s Reply”). Plaintiff, on the other hand, argues that the Court should reverse the ALJ’s decision, or at least remand it for further adjudication at the agency level, because (1) the ALJ violated the treating physician rule and (2) the ALJ incorrectly determined that Plaintiffs residual functional capacity (“RFC”) would permit her to return to her former job because Plaintiffs past work was light, not sedentary. P’s Memo at 7-9. The Court will address each issue raised by Plaintiff in turn.

DISCUSSION

I. Legal Standards

A. Standard of Review

When a claimant challenges the Social Security Administration’s (“SSA”) denial of disability benefits, the Court’s function is not to evaluate de novo whether the claimant is disabled, but rather to determine only “whether the correct legal standards were applied and whether substantial evidence supports the decision.” Butts v. Barnhart, 388 F.3d 377, 384 (2d Cir.2004), amended on reh’g, 416 F.3d 101 (2d Cir.2005) (internal citation omitted); see also 42 U.S.C. § 405(g) (“The findings of the Commissioner of Social Security as to any fact, if supported by substantial evidence, shall be conclusive ... ”); Moran v. Astrue, 569 F.3d 108, 112 (2d Cir.2009). Substantial evidence is “more than a mere scintilla”; it is “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971) (internal quotation marks omitted) (quoting Consol. Edison Co. of N.Y., Inc. v. NLRB, 305 U.S. 197, 229, 59 S.Ct. 206, 83 L.Ed. 126 (1938)); Moran, 569 F.3d at 112. The substantial [360]*360evidence test applies not only to the Commissioner’s factual findings, but also to inferences and conclusions of law to be drawn from those facts. See Carballo ex rel. Cortes v. Apfel, 34 F.Supp.2d 208, 214 (S.D.N.Y.1999) (Sweet, J.). In determining whether the record contains substantial evidence to support a denial of benefits, the reviewing court must examine the entire record, weighing the evidence on both sides to ensure that the claim “has been fairly evaluated.” See Brown v. Apfel, 174 F.3d 59, 62 (2d Cir.1999) (internal quotation marks omitted) (citing Grey v. Heckler, 721 F.2d 41, 46 (2d Cir.1983)).

It is the function of the SSA, not of the federal district court, “to resolve evidentiary conflicts and to appraise the credibility of witnesses," including the claimant.” Carroll v. Sec’y of Health & Human Servs.,

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99 F. Supp. 3d 355, 2015 U.S. Dist. LEXIS 52955, 2015 WL 1782339, Counsel Stack Legal Research, https://law.counselstack.com/opinion/albano-v-colvin-nyed-2015.