Blandford v. Apfel

69 F. Supp. 2d 353, 1999 U.S. Dist. LEXIS 15584, 1999 WL 812328
District Court, N.D. New York·Decided October 4, 1999·No. No. 98-CV-1594·Published

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] interpretation 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

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

69 F. Supp. 2d 353 (Blandford v. Apfel) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

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402 U.S. 389 (Supreme Court, 1971)
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728 F.2d 582 (Second Circuit, 1984)
Johnson v. Bowen
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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)
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666 F. Supp. 604 (S.D. New York, 1987)