Blose v. Commissioner of Social Security

District Court, W.D. New York·Decided October 19, 2021·No. 1:20-cv-00701·Unknown

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK

BRENDA B., § § Plaintiff, § § v. § Case # 1:20-cv-701-DB § COMMISSIONER OF SOCIAL SECURITY, § MEMORANDUM DECISION § AND ORDER Defendant. §

INTRODUCTION

Plaintiff Brenda B. (“Plaintiff”) brings this action pursuant to the Social Security Act (the “Act”), seeking review of the final decision of the Commissioner of Social Security (the “Commissioner”), that denied her application for Disability Insurance Benefits (“DIB”) under Title II of the Act, and her application for supplemental security income (“SSI”) under Title XVI of the Act. See ECF No. 1. The Court has jurisdiction over this action under 42 U.S.C. §§ 405(g), 1383(c), and the parties consented to proceed before the undersigned in accordance with a standing order (see ECF No. 16). Both parties moved for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c). See ECF Nos. 11, 14. Plaintiff also filed a reply brief. See ECF No. 15. For the reasons set forth below, Plaintiff’s motion for judgment on the pleadings (ECF No. 11) is DENIED, and the Commissioner’s motion for judgment on the pleadings (ECF No. 14) is GRANTED. BACKGROUND Plaintiff protectively filed applications for DIB and SSI on March 6, 2017, alleging disability beginning March 6, 2017 (the disability onset date),1 due to degenerative disc disease, lower back

1 At the administrative hearing, Plaintiff amended her onset date to March 6, 2017. Tr. 36, 54. As a result of the amended onset date, Plaintiff would not be entitled to DIB because she would not have disability insured status on the date of onset. 20 CFR 404.130, 404.131, and 404.315). Accordingly, Plaintiff, through her representative, voluntarily elected to withdraw her request for hearing as it pertains to her DIB application. Tr. 36. impairment, nerve damage, bilateral leg impairment, and hypothyroid disorder. Transcript (“Tr.”) 36, 87, 184-189, 204. The claims were denied initially on June 21, 2017, after which Plaintiff requested a hearing. Tr. 86-94, 138-139. On December 30, 2018, Administrative Law Judge Anthony Dziepak (the “ALJ”) presided over a video hearing from Lawrence, Massachusetts. Tr. 36, 51-85. Plaintiff appeared and testified from Jamestown, New York, and was presented by Kevin J. Bambury, an attorney. Tr. 35. Ralph E. Richardson, an impartial vocational expert (“VE”), also appeared and testified by telephone. Id.

The ALJ issued an unfavorable decision on January 16, 2019, finding that Plaintiff was not disabled. Tr. 36-44. On April 13, 2020, the Appeals Council denied Plaintiff’s request for further review. Tr. 1-7. The ALJ’s January 16, 2019 decision thus became the “final decision” of the Commissioner subject to judicial review under 42 U.S.C. § 405(g). LEGAL STANDARD I. District Court Review “In reviewing a final decision of the SSA, this Court is limited to determining whether the SSA’s conclusions were supported by substantial evidence in the record and were based on a correct legal standard.” Talavera v. Astrue, 697 F.3d 145, 151 (2d Cir. 2012) (citing 42 U.S.C. § 405(g)) (other citation omitted). The Act holds that the Commissioner’s decision is “conclusive” if it is

supported by substantial evidence. 42 U.S.C. § 405(g). “Substantial evidence means more than a mere scintilla. It means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Moran v. Astrue, 569 F.3d 108, 112 (2d Cir. 2009) (citations omitted). It is not the Court’s function to “determine de novo whether [the claimant] is disabled.” Schaal v. Apfel, 134 F. 3d 496, 501 (2d Cir. 1990). II. The Sequential Evaluation Process An ALJ must follow a five-step sequential evaluation to determine whether a claimant is disabled within the meaning of the Act. See Parker v. City of New York, 476 U.S. 467, 470-71 (1986). At step one, the ALJ must determine whether the claimant is engaged in substantial gainful work activity. See 20 C.F.R. § 404.1520(b). If so, the claimant is not disabled. If not, the ALJ proceeds to step two and determines whether the claimant has an impairment, or combination of impairments, that is “severe” within the meaning of the Act, meaning that it imposes significant

restrictions on the claimant’s ability to perform basic work activities. Id. § 404.1520(c). If the claimant does not have a severe impairment or combination of impairments meeting the durational requirements, the analysis concludes with a finding of “not disabled.” If the claimant does, the ALJ continues to step three. At step three, the ALJ examines whether a claimant’s impairment meets or medically equals the criteria of a listed impairment in Appendix 1 of Subpart P of Regulation No. 4 (the “Listings”). Id. § 404.1520(d). If the impairment meets or medically equals the criteria of a Listing and meets the durational requirement, the claimant is disabled. Id. § 404.1509. If not, the ALJ determines the claimant’s residual functional capacity, which is the ability to perform physical or mental work activities on a sustained basis notwithstanding limitations for the collective impairments. See id. §

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