Cosnyka v. Colvin

576 F. App'x 43
Court of Appeals for the Second Circuit·Decided August 21, 2014·No. No. 13-3396-CV·Published·Cited by 98 cases

Opinion

Plaintiff-appellant Steven Cosnyka appeals from the judgment of the district court entered July 8, 2013 affirming the Social Security Commissioner’s denial of his application for disability benefits. By decision and order entered July 3, 2013, the district court granted the Commissioner’s motion for judgment on the pleadings and denied Cosnyka’s motion for judgment on the pleadings. We assume the parties’ familiarity with the underlying facts, the procedural history, and the issues on appeal.

When deciding an appeal from a denial of disability benefits, “[w]e conduct a plenary review of the administrative record, and our focus is on the administrative ruling more than on the district court’s decision.” Selian v. Astrue, 708 F.3d 409, 417 (2d Cir.2013). Our review is limited to determining whether the conclusions of the Administrative Law Judge (the “ALJ”) 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). Substantial evidence “means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion,” Selian, 708 F.3d at 417, and “[t]he substantial evidence standard means once an ALJ finds facts, we can reject those facts only if a reasonable factfinder would have to conclude otherwise.” Brault v. Social Sec. Admin., Comm’r, 683 F.3d 443, 448 (2d Cir.2012) (internal quotation marks omitted) (emphasis in original).

Under the SSA, “disability” means an “inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment ... which has lasted or can be expected to last for a continuous period of not less than 12 months.” 42 U.S.C. § 423(d)(1)(A). “The impairment must be of ‘such severity that [the claimant] is not only unable to do his previous work but cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy.’” Shaw v. Chater, 221 F.3d 126, 131-32 (2d Cir.2000) (quoting 42 U.S.C. § 423(d)(2)(A)). “Pursuant to regulations promulgated by the Commissioner, a five-step sequential evaluation process is used to determine whether the claimant’s condition meets the Act’s definition of disability.” Burgess v. Astrue, 537 F.3d 117, 120 (2d Cir.2008) (citing 20 C.F.R. § 404.1520).

[I]f the Commissioner determines (1) that the claimant is not working, (2) that he has a severe impairment, (3) that the impairment is not one that conclusively requires a determination of disability, and (4) that the claimant is not capable of continuing in his prior type of work, the Commissioner must find him disabled if (5) there is not another type of work the claimant can do.

[45] Draegert v. Barnhart, 311 F.3d 468, 472 (2d Cir.2002) (internal quotation marks omitted).

Where, as here, a claimant’s impairments are not per se disabling under SSA regulations, the Commissioner must ascertain the claimant’s residual functional capacity (“RFC”). See 20 C.F.R. § 416.920(a)(4). “A claimant’s RFC is ‘the most [he] can still do despite [his] limitations.’ ” Genier v. Astrue, 606 F.3d 46, 49 (2d Cir.2010) (per curiam) (alteration in original) (quoting 20 C.F.R. § 416.945(a)(1)). The RFC is considered at step four in determining whether the claimant can perform his past work and at step five to determine if the claimant can perform other available work. See 20 C.F.R. § 416.920(e). The claimant bears the burden of proof as to the first four steps. Cichocki v. Astrue, 729 F.3d 172, 176 (2d Cir.2013) (per curiam). At step five, the Commissioner has the “limited burden” of “showfing] that there is work in the national economy that the claimant can do.” Poupore v. Astrue, 566 F.3d 303, 306 (2d Cir.2009) (per curiam).

The ALJ found that Cosnyka retained an RFC to “perform sedentary work as defined in 20 C.F.R. § 416.967(a) ... [and that] the claimant would be off task approximately 10% of the workday, which the undersigned defines as 6 minutes out of each hour.” (App.75). Relying upon the testimony of the vocational expert that being off-task six minutes out of every hour would not prevent Cosnyka from holding a job, the ALJ concluded that Cosnyka was not disabled under the SSA.

On appeal, Cosnyka argues that the ALJ: (a) failed to give Cosnyka’s treating physician’s opinion controlling weight; (b) relied on an unsupported RFC finding to interpret the vocational expert’s testimony; and (c) improperly assessed Cosnyka’s credibility.

A. The Treating Physician’s Opinion

Cosnyka first argues that the ALJ erred in rejecting the opinion of Dr. Calabrese, the treating physician, that Cosnyka was unable to maintain a regular work schedule because of his back pain and moderately limited ability to walk, stand, and sit.

An ALJ must give “controlling weight” to a treating physician’s opinion on the nature and severity of the claimant’s impairment when the opinion is well-supported by medical findings and consistent with other substantial evidence. 20 C.F.R. § 416.927(e)(2); see Poupore, 566 F.3d at 307. Here, the ALJ declined to give “controlling weight” to Dr. Calabrese’s opinion because it was “not fully supported by the evidence.” (Joint App. at 77; see, e.g., Joint App. at 42 (Cosnyka acknowledged he could ride stationary bicycle, walk approximately half mile, and sit for three hours “if [he] could shift around”)).

Free access — add to your briefcase to read the full text and ask questions with AI

Cosnyka v. Colvin, 576 F. App'x 43 (2d Cir. 2014).

576 F. App'x 43 (Cosnyka v. Colvin) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related