Christopher W. v. Commissioner of Social Security

CourtDistrict Court, W.D. New York
DecidedJune 29, 2026
Docket6:24-cv-06295
StatusUnknown

This text of Christopher W. v. Commissioner of Social Security (Christopher W. v. Commissioner of Social Security) 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
Christopher W. v. Commissioner of Social Security, (W.D.N.Y. 2026).

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK

CHRISTOPHER W.,1

Plaintiff,

v. 6:24-CV-6295-LJV DECISION & ORDER COMMISSIONER OF SOCIAL SECURITY,

Defendant.

On May 10, 2024, the plaintiff, Christopher W. (“Christopher”), brought this action under the Social Security Act (“the Act”). Docket Item 1. He seeks review of the determination by the Commissioner of Social Security (“Commissioner”) that he was not disabled.2 Id. On July 30, 2024, Christopher moved for judgment on the pleadings, Docket Item 6; on August 9, 2024, the Commissioner responded and cross-moved for judgment on the pleadings, Docket Item 9; and on August 23, 2024, Christopher replied, Docket Item 10.

1 To protect the privacy interests of Social Security litigants while maintaining public access to judicial records, this Court will identify any non-government party in cases filed under 42 U.S.C. § 405(g) only by first name and last initial. Standing Order, Identification of Non-Government Parties in Social Security Opinions (W.D.N.Y. Nov. 18, 2020). 2 Christopher applied for Supplemental Security Income (“SSI”), which is paid to a person with a disability who also demonstrates financial need. 42 U.S.C. § 1382(a). For the reasons that follow, this Court denies Christopher’s motion and grants the Commissioner’s cross motion.3

STANDARD OF REVIEW “The scope of review of a disability determination . . . involves two levels of inquiry.” Johnson v. Bowen, 817 F.2d 983, 985 (2d Cir. 1987). The court “must first

decide whether [the Commissioner] applied the correct legal principles in making the determination.” Id. This includes ensuring “that the claimant has had a full hearing under the . . . regulations and in accordance with the beneficent purposes of the Social Security Act.” Moran v. Astrue, 569 F.3d 108, 112 (2d Cir. 2009) (citation modified) (quoting Cruz v. Sullivan, 912 F.2d 8, 11 (2d Cir. 1990)). Then, the court “decide[s] whether the determination is supported by ‘substantial evidence.’” Johnson, 817 F.2d at 985 (quoting 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.” Richardson v. Perales, 402 U.S. 389, 401 (1971) (quoting Consol. Edison

Co. v. NLRB, 305 U.S. 197, 229 (1938)). “The substantial evidence standard means once an ALJ finds facts, [the court] can reject those facts only if a reasonable fact finder would have to conclude otherwise.” Brault v. Soc. Sec. Admin., Comm’r, 683 F.3d 443, 448 (2d Cir. 2012) (citation modified) (emphasis in original); see McIntyre v. Colvin, 758 F.3d 146, 149 (2d Cir. 2014) (“If evidence is susceptible to more than one rational

3 This Court assumes familiarity with the underlying facts, the procedural history, and the decision of the Administrative Law Judge (“ALJ”) and refers only to the facts necessary to explain its decision. interpretation, the Commissioner’s conclusion must be upheld.”). But “[w]here there is a reasonable basis for doubt whether the ALJ applied correct legal principles, application of the substantial evidence standard to uphold a finding of no disability creates an unacceptable risk that a claimant will be deprived of the right to have her disability

determination made according to the correct legal principles.” Johnson, 817 F.2d at 986. DISCUSSION

I. THE ALJ’S DECISION On August 14, 2023, the ALJ found that Christopher had not been under a disability since December 22, 2021, the date his application was filed. See Docket Item 4 at 34. The ALJ’s decision was based on the five-step sequential evaluation process under 20 C.F.R. §§ 404.1520(a) and 416.920(a). See id. at 26–27. At step one, the ALJ found that Christopher had not engaged in substantial gainful activity since filing his application. Id. at 27. At step two, the ALJ found that Christopher suffered from two severe, medically determinable impairments: “seizure

disorder status-post head injury and polycystic kidney disease.” Id. At step three, the ALJ found that Christopher’s severe, medically determinable impairments did not meet or medically equal one of the listed impairments in 20 C.F.R. Part 404, Subpart P, Appendix 1. See id. at 28–29. More specifically, the ALJ found that Christopher’s impairments did not meet or medically equal listing 1.15 (disorders of the skeletal spine resulting in compromise of a nerve root) or 11.02 (epilepsy). Id. at 28. The ALJ then found that Christopher had the residual functional capacity (“RFC”)4 to “perform light work as defined in 20 C[.]F[.]R[. §] 416.967(b)” except that: [Christopher] could occasionally lift and/or carry 20 pounds; frequently lift and/or carry 10 pounds; stand and/or walk about six hours in an eight[-]hour day; sit about six hours in an eight[-]hour day; occasionally push and/or pull 20 pounds; occasionally climb ramps and/or stairs, balance, stoop, kneel, crouch, and crawl; never climb ladders/ropes/scaffolds; and never work at unprotected heights or near moving machinery.

Id. at 29. At step four, the ALJ found that Christopher had no past relevant work. Id. at 32. But given Christopher’s age, education, and RFC, the ALJ found at step five that Christopher could perform substantial gainful activity as a housekeeper, general cashier, or small product assembler. Id. at 33–34; see Dictionary of Occupational Titles 323.687-014, 1991 WL 672783 (Jan. 1, 2016); id. at 211.462-010, 1991 WL 671840 (Jan. 1, 2016); id. 706.684-022, 1991 WL 679050 (Jan. 1, 2016). The ALJ therefore found that Christopher had not been under a disability since his application was filed. See Docket Item 4 at 34. II. ALLEGATIONS Christopher argues that the ALJ erred in two ways. See Docket Item 6-1 at 6–9. First, he argues that the ALJ improperly evaluated the opinions of Stephen Schultz, M.D., and Michael Hudson, M.D. Id. at 6–8. Second, he argues that the ALJ failed to

4 A claimant’s RFC is the most “an individual can still do despite his or her limitations . . . in an ordinary work setting on a regular and continuing basis.” SSR 96- 8p, 1996 WL 374184, at *2 (July 2, 1996). “A ‘regular and continuing basis’ means 8 hours a day, for 5 days a week, or an equivalent work schedule.” Id.; see Melville v. Apfel, 198 F.3d 45, 52 (2d Cir. 1999). reconcile the RFC with limitations in the opinion of Harbinder Toor, M.D.—an opinion the ALJ found “generally persuasive.” Id. at 8–9. For the reasons that follow, this Court disagrees.

III. ANALYSIS A. Dr. Schultz’s and Dr.

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Related

Richardson v. Perales
402 U.S. 389 (Supreme Court, 1971)
Genier v. Astrue
606 F.3d 46 (Second Circuit, 2010)
Johnson v. Bowen
817 F.2d 983 (Second Circuit, 1987)
Brault v. Social Security Administration
683 F.3d 443 (Second Circuit, 2012)
Matta v. Astrue
508 F. App'x 53 (Second Circuit, 2013)
Cichocki v. Astrue
729 F.3d 172 (Second Circuit, 2013)
Moran v. Astrue
569 F.3d 108 (Second Circuit, 2009)
Schillo v. Kijakazi
31 F.4th 64 (Second Circuit, 2022)
McIntyre v. Colvin
758 F.3d 146 (Second Circuit, 2014)
Rubin v. O'Malley
116 F.4th 145 (Second Circuit, 2024)

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Christopher W. v. Commissioner of Social Security, Counsel Stack Legal Research, https://law.counselstack.com/opinion/christopher-w-v-commissioner-of-social-security-nywd-2026.