Blandford v. Apfel

69 F. Supp. 2d 353, 1999 U.S. Dist. LEXIS 15584, 1999 WL 812328
CourtDistrict Court, N.D. New York
DecidedOctober 4, 1999
DocketNo. 98-CV-1594
StatusPublished

This text of 69 F. Supp. 2d 353 (Blandford v. Apfel) is published on Counsel Stack Legal Research, covering District Court, N.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Blandford v. Apfel, 69 F. Supp. 2d 353, 1999 U.S. Dist. LEXIS 15584, 1999 WL 812328 (N.D.N.Y. 1999).

Opinion

MEMORANDUM-DECISION AND ORDER

HURD, District Judge.

This matter is brought pursuant to §§ 205(g) & 1631(b)(3) of the Social Security Act, as amended, 42 U.S.C. §§ 405(g) & 1383(c)(3), to review a final determination of the Commissioner of Social Security denying the plaintiffs claim for Social Security Disability benefits. The parties have filed their briefs, including the Administrative Record on Appeal, and the matter has been submitted for decision without oral argument.

I.PROCEDURAL HISTORY

Plaintiff filed for Social Security Disability Insurance benefits on October 4, 1994. His application was denied initially and on reconsideration. On October 19, 1995 plaintiff requested a hearing before an Administrative Law Judge (“ALJ”), which was held on May 22, 1996. The ALJ issued an unfavorable decision on December 23, 1996. The Appeals Council denied plaintiffs request for review on August 18, 1998, making the ALJ’s decision the final decision of the Commissioner. Plaintiff then commenced the instant action on October 13,1998.

II. FACTS

The facts stated in plaintiffs brief are adopted with any exceptions as noted.

III. CONTENTIONS

Plaintiff contends that the ALJ erroneously:

1. Failed to afford controlling weight to the opinion of a treating physician;
2. Improperly rejected his subjective complaints of pain and other symptoms; and
3. Utilized the medical/vocational guidelines.

IV. DISCUSSION

A. Standard of Review

A court’s review of the Secretary’s final decision is limited to determining whether there is substantial evidence in the record to support such decision. Rivera v. Sullivan, 923 F.2d 964, 967 (2d Cir.1991). Substantial evidence is “such relevant evidence as a reasonable person might accept as adequate to support a conclusion.” Id. (quoting Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971)). It must be “more than a mere scintilla” of evidence scattered throughout the administrative record. Richardson, 402 U.S. at 401, 91 S.Ct. 1420. “To determine on appeal whether an ALJ’s findings are supported by substantial evidence, a reviewing court considers the whole record, examining the evidence from both sides, because an analysis of the substantiality of the evidence must also include that which detracts from its weight.” Williams v. Bowen, 859 F.2d 255, 258 (2d Cir.1988)(citing Universal Camera Corp. v. NLRB, 340 U.S. 474, 488, 71 S.Ct. 456, 95 L.Ed. 456 (1951); Mongeur v. Heckler, 722 F.2d 1033, 1038 (2d Cir.1983)). However, a reviewing court must not substitute its [356]*356interpretation of the administrative record so long as there exists substantial support for the decision in the record. Williams, 859 F.2d at 258.

Additionally, the scope of review involves determining both whether the Commissioner has applied the correct legal standard and whether the determination is supported by substantial evidence. Johnson v. Bowen, 817 F.2d 983, 985 (2d Cir.1987). Thus, where there is a reasonable basis for doubting whether the Commissioner applied the appropriate legal standards, even if the ultimate decision may be arguable supported by substantial evidence, the Commissioner’s decision may not be affirmed. Id. at 986.

The court has authority to reverse with or without remand. 42 U.S.C. § 405(g). Remand is appropriate where there are gaps in the record or further development of the evidence is needed. See Parker v. Harris, 626 F.2d 225, 235 (2d Cir.1980); Marcus v. Califano, 615 F.2d 23 (2d Cir.1979)(remanded for reconsideration under standard that subjective evidence of disabling pain, if credited, may support a finding of disability); Cutler v. Weinberger, 516 F.2d 1282 (2d Cir.1975). Reversal is appropriate, however, when there is “persuasive proof of disability” in the record and remand for further evidentiary development would not serve any purpose. Parker, 626 F.2d at 235; Simmons v. United States R.R. Retirement Bd., 982 F.2d 49, 57 (2d Cir.1992); Carroll v. Secretary of Health & Human Servs., 705 F.2d 638, 644 (2d Cir.1983)(reversal without remand for additional evidence particularly appropriate where payment of benefits already delayed for four years; remand would likely result in further lengthening the “painfully slow process” of determining disability).

B. Five-Step Disability Determination

The regulations mandate that the ALJ follow a five step evaluation process to determine whether an individual is disabled.1 20 C.F.R. §§ 404.1520, 416.920. Step One requires the ALJ to determine whether the claimant is presently engaging in substantial gainful activity (“SGA”). §§ 404.1520(b), 416.920(b). If a claimant is engaged in SGA, he will not be considered disabled. If the claimant is not engaged in SGA, Step Two requires the ALJ to determine whether the claimant has a severe impairment. §§ 404.1520(c), 416.920(c). If the claimant is found to suffer from a severe impairment, Step Three requires the ALJ to determine whether the claimant’s impairment meets or equals an impairment listed in Appendix 1, Subpart P. §§ 404.1520(d), 416.920(d). If the impairment meets or equals a listed impairment, the claimant is presumptively disabled. Ferraris v. Heckler, 728 F.2d 582, 584 (2d Cir.1984). If the claimant is not presumptively disabled, at Step Four the ALJ must consider whether claimant’s residual functional capacity (“RFC”) precludes performance of their past relevant work. §§ 404.1520(e), 416.920(e). If the ALJ determines that the claimant cannot perform their past relevant work, then at Step Five, the ALJ determines whether the claimant can do any other work.

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Related

Richardson v. Perales
402 U.S. 389 (Supreme Court, 1971)
Ferraris v. Heckler
728 F.2d 582 (Second Circuit, 1984)
Johnson v. Bowen
817 F.2d 983 (Second Circuit, 1987)
Williams v. Bowen
859 F.2d 255 (Second Circuit, 1988)
Pascariello v. Heckler
621 F. Supp. 1032 (S.D. New York, 1985)
LaPorta v. Bowen
737 F. Supp. 180 (N.D. New York, 1990)
Brandon v. Bowen
666 F. Supp. 604 (S.D. New York, 1987)

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Bluebook (online)
69 F. Supp. 2d 353, 1999 U.S. Dist. LEXIS 15584, 1999 WL 812328, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blandford-v-apfel-nynd-1999.