Conlin v. Colvin

111 F. Supp. 3d 376, 2015 U.S. Dist. LEXIS 84944, 2015 WL 3961167
CourtDistrict Court, W.D. New York
DecidedJune 29, 2015
DocketNo. 6:14-CV-6362 EAW
StatusPublished
Cited by82 cases

This text of 111 F. Supp. 3d 376 (Conlin 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
Conlin v. Colvin, 111 F. Supp. 3d 376, 2015 U.S. Dist. LEXIS 84944, 2015 WL 3961167 (W.D.N.Y. 2015).

Opinion

DECISION AND ORDER

ELIZABETH A. WOLFORD, District Judge.

I. INTRODUCTION

Plaintiff Martha Conlin o/b/o N.T.C.B. (“Plaintiff”) brings this action pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3), seeking review of the final decision of Carolyn W. Colvin, Acting Commissioner of Social Security (“the Commissioner”), denying Plaintiffs application for supplemental security income. (Dkt. 1). Plaintiff alleges that the decision of Administrative Law Judge (“ALJ”) David S. Pang was not supported by substantial evidence in the record and was based on erroneous legal standards.

Presently before the Court are the parties’ competing motions for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure. (Dkt. 9, 11). For the reasons set forth below, this Court finds that the decision of the Commissioner is supported by substantial evidence in the record and is in accordance with the applicable legal standards. Thus, the Commissioner’s motion for judgment on the pleadings (Dkt. 11) is granted, and Plaintiffs motion (Dkt. 9) is denied. Plaintiffs complaint is dismissed with prejudice.

II. FACTUAL BACKGROUND AND PROCEDURAL HISTORY

A. Overview

On August 16, 2011, Plaintiff protectively filed an application for supplemental security income on behalf of claimant. (Administrative Transcript (hereinafter “Tr.”) 49, 148-54). Plaintiff alleged a disability onset date of February 1, 2011. (Tr. 148). In her application, Plaintiff alleged that N.T.C.B. suffered from the following disabilities: Attentional Deficit Hyperactivity Disorder (“ADHD”), learning disorder, and Oppositional Defiance Disorder (“ODD”). (Tr. 157). The Commissioner denied Plaintiffs application, and Plaintiff requested a hearing by an ALJ on November 14, 2011. (Tr. 57-59).

On December 27, 2012, Plaintiff, represented by counsel, testified at a hearing via videoconference before ALJ Pang. (Tr. 9-42). On February 22, 2013, the ALJ issued a finding that Plaintiff was not disabled within the meaning of the Social Security Act. (Tr. 14-26).

On June 9, 2014, the Appeals Council denied Plaintiffs request for review, making the ALJ’s decision the final decision of the Commissioner. (Dkt. 1-2 at 2-5). On July 1, 2014, Plaintiff filed this civil action appealing the final decision of the Commissioner. (Dkt. 1).

B. Medical Evidence

At the time of his application, N.C.T.B. was five years old. (Tr. 148). N.T.C.B. was initially seen by Dr. Naomi Yachele[380]*380vich of the Division of Genetics at Strong Memorial Hospital on September 24, 2010,-for behavioral concerns and developmental delay. (Tr. 203-18). Treatment notes indicate that at the time of this visit N.T.C.B. had ADHD and a history of global developmental delay, though he attended a regular classroom. (Tr. 203). Further evaluation by Dr. Yachelevich found N.T.C.B. to be cooperative, not in acute distress, and able to engage in comprehensible sentences. (Tr. 205).

Dr. Yachelevich saw N.T.C.B. again on June 30, 2011 for inattention, inability to focus, and aggressive behavior at home. (Tr. 199). At the time of this visit, N.T.C.B. was prescribed both Adderall and Guanfacine extended release and had an ■ Individualized Educational Plan (“IEP”), which included a summer program, occupational and speech therapy, and math support to combat his condition. (Id.). Dr. Yachelevich again noted that N.T.C.B. was cooperative, not in acute distress, and able to engage in comprehensible sentences. (Tr. 202). Dr. Yachelevich could not determine the etiology of any developmental or behavior concerns and accordingly recommended a referral to a child development specialist. (Id.).

N.T.C.B. was later seen by consultative examiner Dr. M. Raqib Raja on August 5, 2011, who confirmed the diagnosis of ADHD and also diagnosed ODD. (Tr. 219-21). Ms. Conlin reported to Dr. Raja that her son did not listen to her, threw temper tantrums, and told her “you are not my boss” and “I’m not going to listen to you,” though she further stated that “he is generally happy at home and school, and has no difficulty making friends.” (Tr. 222). Dr. Raja’s notes indicated that N.T.C.B. was “quite verbal” and “easy to engage” during the interview. (Tr. 220). N.T.C.B.’s psychomotor activity was noted to be relatively neutral and there was “no evidence of gross excessive motor activity or fidgetiness.” (Tr. 220-21). N.T.C.B.’s speech was “fairly clear” with “good volume and rhythm.” (Tr. 221). Dr. Raja described N.T.C.B.’s overall cognitive skills as in the average range, but did find poor insight and impulsive judgment, and recommended ruling out that N.T.C.B. suffered from reading and mathematical learning disorders. (Id.).

State agency mental health expert, Dr. J. Randall, evaluated N.T.C.B. on September 28, 2011. (Tr. 309-14). Using the six domains of functioning provided at 20 C.F.R. § 416.926(a), Dr. Randall found that N.T.C.B. had a marked limitation in “Acquiring and Using Information,” while noting that N.T.C.B. was receiving academic intervention services in school. (Tr. 311). Dr. Randall also found that N.T.C.B. had a less than marked limitation in “Attending and Completing Tasks.” (Id.). Dr. Randall noted that N.T.C.B.’s teacher characterized N.T.C.B.’s effort as inconsistent, but also considered that Dr. Yachelevich’s June 2011 psychiatric exam showed organized thoughts and no evidence of hyperactivity. (Id.). A less than marked limitation was also found for “Interacting and Relating with Others”. (Id.). Dr. Randall noted that N.T.C.B.’s mother reported that N.T.C.B. had no trouble making friends and was described as verbally easy to engage at Dr. Yalchelevieh’s June 2011 evaluation. (Id.). Finally, a less than marked limitation was found for “Moving About and Manipulating Objects.” (Id.). Dr.-Randall noted that N.T.C.B. ran well, knew how to ride a bike, and could use utensils to eat. (Tr. 312). No limitations were found in the domains of “Caring For Yourself’ and “Health and Physical Well-Being.” (Id.). Dr. Randall concluded that although the claimant had severe mental impairments, his limitations did not meet, medically equal, or functionally [381]*381equal any applicable listing in 20 C.F.R. Pt. 404, Subpt. P, App 1. (Tr. 309).

School psychologist Emily Darrow Meisch conducted a psychological evaluation of N.T.C.B. on December 2, 2011. (Tr. 429-33). This report included a parental interview, review of N.T.C.B.’s record, classroom observation, and the Woodcock Johnson Tests of Cognitive Abilities and Achievement, 3rd editions. (Tr. 429). Ms. Meisch noted that N.T.C.B. was pleasant and cooperative during testing, engaged the examiner, and showed adequate attention and concentration, though needed to be reminded to work independently. (Tr. 430). The summary of Ms. Meisch’s report noted that even though N.T.C.B. performed within the average range of all areas of academic standardized testing except for short term memory, N.T.C.B. continued to perform below average in curriculum based measures of academics. (Tr. 433). Ms.

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111 F. Supp. 3d 376, 2015 U.S. Dist. LEXIS 84944, 2015 WL 3961167, Counsel Stack Legal Research, https://law.counselstack.com/opinion/conlin-v-colvin-nywd-2015.