Brown v. Colvin

146 F. Supp. 3d 489, 2015 U.S. Dist. LEXIS 157189, 2015 WL 7313877
CourtDistrict Court, W.D. New York
DecidedNovember 20, 2015
DocketNo. 6:14-cv-06732 (MAT)
StatusPublished
Cited by2 cases

This text of 146 F. Supp. 3d 489 (Brown v. Colvin) is published on Counsel Stack Legal Research, covering District Court, W.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brown v. Colvin, 146 F. Supp. 3d 489, 2015 U.S. Dist. LEXIS 157189, 2015 WL 7313877 (W.D.N.Y. 2015).

Opinion

DECISION AND ORDER

HON. MICHAEL A. TELESCA, United States District Judge

I. Introduction

Represented by counsel, Ronald David Brown (“Plaintiff’) brings this action pursuant to Title II of the Social Security Act, seeking review of the final decision of the Commissioner of Social Security (“the Commissioner”) denying his application for Disability Insurance Benefits (“DIB”). The Court has jurisdiction over this matter pursuant to 42 U.S.C. § 405(g). For the reasons discussed below, the Commissioner’s decision is reversed.

II. Procedural Status

Plaintiff filed for DIB on September 7, 2011, alleging disability commencing March 11, 2010, due to carpal tunnel syndrome, bone spurs, degenerative disc disease, bilateral shoulder surgery, and rheumatoid arthritis. After the claim was denied, Plaintiff requested a hearing, which was held before administrative law judge Michael W. Devlin (“the ALJ”) on March 14, 2013. See T.26-44. Plaintiff appeared with his attorney and testified, as did vocational expert Peter Manzi, D. Ed. (“the VE”). The ALJ issued an unfavorable decision on May 28, 2013, T.8-20, which became the Commissioner’s final decision after the Appeals Council denied Plaintiffs request for review. This timely action followed.

Presently before the Court are the parties’ cross-motions for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rule of Civil Procedure. The Court adopts and incorporates by reference herein the undisputed and comprehensive factual recitations contained in the parties’ briefs. The record evidence will be discussed in further detail as necessary to the resolution of the parties’ motions.

III.Standard of Review

When considering a claimant’s challenge to the decision of the Commissioner denying benefits under the Social Security Act (“the Act”), the district court is limited to determining whether the Commissioner’s findings were supported by substantial record evidence and whether the Commissioner employed the proper legal standards. Green-Younger v. Barnhart, 335 F.3d 99, 105-06 (2d Cir.2003). The district court must accept the Commissioner’s findings of fact, provided that such findings are supported by “substantial evidence” in the record. See 42 U.S.C. § 405(g) (the Commissioner’s findings “as to any fact, if supported by substantial evidence, shall be conclusive”). The reviewing court nevertheless must scrutinize the whole record and examine evidence that supports or detracts from both sides. Tejada v. Apfel, 167 F.3d 770, 774 (2d Cir.1998) (citation omitted). “The deferential standard of review for substantial evidence does not apply to the Commissioner’s conclusions of law.” Byam v. Barnhart, 336 F.3d 172, 179 (2d Cir.2003) (citing Townley v. Heckler, 748 F.2d 109, 112 (2d Cir.1984)).

IY. The ALJ’s Decision

The ALJ followed the well-established five-step sequential evaluation promulgated by the Commissioner for adjudicating disability claims. See 20 C.F.R. § 404.1520(a). At step one, the ALJ determined that Plaintiff had not engaged in substantial gainful activity since March 11, 2010, the alleged onset date, and that he [491]*491meets the insured status requirements of the Act through December 31, 2015. T.13.

At step two, the ALJ found that Plaintiff has the following severe impairments: status post-left shoulder arthroscopic surgery performed on November 29, 2011; status post-right shoulder arthroscopic surgery performed on December 14, 2010; and bilateral carpal tunnel syndrome. T.13. The ALJ determined that Plaintiff’s alleged obesity, back pain, and Dupuytren’s cont-racture were not “severe” impairments, findings which Plaintiff does not challenge on appeal.

At step three, the ALJ did not consider Plaintiff’s severe impairments and consequent limitations in reference to any particular listed impairment. The ALJ concluded, summarily, that Plaintiff does not have an impairment or combination of impairments that meets or medically equals of the listed impairments in 20 C.F.R. Pt. 404, Subpt. P, App. 1.

The ALJ then proceeded to evaluate Plaintiffs residual functional capacity (“RFC”), and determined that he has the ability to perform sedentary work as defined in 20 C.F.R. § 404.1567(a).1 T.14. Specifically, Plaintiff can

occasionally lift and/or carry up to 10 pounds; frequently lift and/or carry less than 10 pounds; stand and/or walk about 6 hours in an eight-hour workday; sit about 6 hours in an eight-hour workday; rarely' push and/or pull less than 10 pounds with the upper extremities; and only occasionally push and/or pull 10 pounds with the lower extremities; ... occasionally climb ramps and/or stairs, balance, stoop, kneel, crouch, and crawl; never climb ladders/ropes/scaffolds; never reach overhead bilaterally; frequently reach in all other directions bilaterally; [and] frequently handle and finger bilaterally. ...

T.14, The ALJ noted that although Plaintiff “can sit/stand for 6 hours, in an eight-hour workday, he is limited to lifting and/or carrying no more than 10 pounds, so his [RFC] is assessed under the sedentary Grid Rules rather than the light Grid Rules[.]” T.14

At the fourth step, the ALJ found that Plaintiff had past relevant work as a drywall applicator (SVP 7, skilled, very heavy) and taper (dry-wall finisher) (SVP 5, skilled, medium, but actually performed by Plaintiff at the “very heavy” exertional level). T.18. The ALJ stated that because Plaintiff is limited to “less than the full range of -sedentary work, with additional ndn-exertional limitations,” he is -unable to perform any of his past relevant work. Id.

At the fifth, step, the ALJ considered whether Plaintiff is able to do any other work, given his RFC, age, education, and work experience. On the alleged onset date, Plaintiff was fifty-one years-old, which the ALJ incorrectly asserted “is defined as an individual of advanced age.” T.18.2 The ALJ noted that Plaintiff has at least a high school education and is able to communicate in English. T.18. The ALJ then went on to determine that Plaintiff has acquired work, skills from his past [492]*492relevant work, relying on the 'VE’s testimony that Plaintiff acquired the skill of “using a calculator” in his past work as a drywall applicator and taper. T.19. The ALJ stated that based on the VE’s testimony, he concluded that Plaintiff had “acquired work skills [sic] ... that are [sic] transferable to other occupations with jobs existing in significant numbers in the national economy.” Id.

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Bluebook (online)
146 F. Supp. 3d 489, 2015 U.S. Dist. LEXIS 157189, 2015 WL 7313877, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-colvin-nywd-2015.