Cowley v. Berryhill

312 F. Supp. 3d 381
CourtDistrict Court, W.D. New York
DecidedMay 17, 2018
Docket16–CV–6811L
StatusPublished
Cited by28 cases

This text of 312 F. Supp. 3d 381 (Cowley v. Berryhill) 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
Cowley v. Berryhill, 312 F. Supp. 3d 381 (W.D.N.Y. 2018).

Opinion

DAVID G. LARIMER, United States District Judge

Plaintiff appeals from a denial of disability benefits by the Commissioner of Social Security ("the Commissioner"). The action is one brought pursuant to 42 U.S.C. § 405(g) to review the Commissioner's final determination.

On March 16, 2013, plaintiff, then twenty-four years old, filed an application for Supplemental Security Income benefits under Title II of the Social Security Act, alleging an inability to work since January 1, 2003. (Administrative Transcript, Dkt. # 8 at 18).1 Her application was initially denied. Plaintiff requested a hearing, which was held on December 10, 2014 before Administrative Law Judge ("ALJ") Connor O'Brien. The ALJ issued a decision on May 23, 2015, concluding that plaintiff was not disabled under the Social Security Act. (Dkt. # 8 at 18-29). That decision became the final decision of the Commissioner when the Appeals Council denied review on October 27, 2016. (Dkt. # 8 at 1-3). Plaintiff now appeals from that decision. The plaintiff has moved (Dkt. # 11), and the Commissioner has cross moved (Dkt. # 13) for judgment on the pleadings pursuant to Fed. R. Civ. Proc. 12(c). For the reasons set forth below, the plaintiff's motion is denied, the Commissioner's cross motion is granted, and the Commissioner's decision that plaintiff is not disabled is affirmed.

DISCUSSION

Determination of whether a claimant is disabled within the meaning of the Social Security Act follows a well-known five-step sequential evaluation, familiarity with which is presumed. See Bowen v. City of New York , 476 U.S. 467, 470-71, 106 S.Ct. 2022, 90 L.Ed.2d 462 (1986). See 20 CFR §§ 404.1509, 404.1520. The Commissioner's decision that a plaintiff is not disabled must be affirmed if it is supported by substantial evidence, and if the ALJ applied the correct legal standards. See 42 U.S.C. § 405(g) ; Machadio v. Apfel , 276 F.3d 103, 108 (2d Cir. 2002).

The ALJ's decision exhaustively summarizes plaintiff's medical records, particularly her treatment records for asthma, bipolar disorder, major depressive disorder, anxiety disorder with panic attacks, attention deficit hyperactivity disorder, substance abuse disorder in remission, and impulse control disorder, which the ALJ concluded together constituted a severe impairment not meeting or equaling a listed impairment. (Dkt. # 8 at 20).

Upon consideration of the record and after careful application of the "special technique" prescribed for nonexertional *383impairments ( Kohler v. Astrue , 546 F.3d 260, 265 (2d Cir. 2008) ), the ALJ determined that plaintiff had the residual functional capacity ("RFC") to perform a full range of work at all exertional levels, with a number of environmental and nonexertional limitations. Plaintiff can tolerate no more than occasional exposure to extreme cold, extreme heat, wetness, humidity and airborne irritants. She can perform simple, unskilled tasks in an environment with no more than occasional changes in the work setting. She cannot interact with the public or perform teamwork. She can have no more than occasional interaction with coworkers and supervisors. She can work to meet daily goals, but cannot maintain an hourly, machine-driven, assembly line production rate. She also requires up to three short, less-than-five-minute breaks in addition to regularly scheduled breaks. (Dkt. # 8 at 22).

Given this RFC, vocational expert Peter A. Manzi testified that plaintiff could perform the positions of mail clerk, photocopy machine operator, and collator operator. (Dkt. # 8 at 28).

I believe the evidence supports the ALJ's findings concerning the nature and extent of plaintiff's limitations, and that her finding that the plaintiff was not disabled was supported by substantial evidence and was not the product of legal error.

I. The ALJ's Evaluation of Medical Opinions

On appeal, plaintiff chiefly argues that the ALJ failed to properly assess the medical opinions of plaintiff's treating therapist, licensed clinical social worker Debra McKnight, and/or failed to sufficiently explain her reasoning for giving Ms. McKnight's opinions only "[s]ome weight." (Dkt. # 8 at 25). She also alleges that the ALJ erred in purporting to credit the opinion of consulting psychologist Dr. Yu-Ying Lin, but failing to incorporate into her RFC finding Dr. Lin's opinion that plaintiff was "moderately limited in appropriately dealing with stress." (Dkt. # 8 at 327).

I do not find that the ALJ's assessment of Ms. McKnight's opinions was erroneous. First, licensed clinical social workers are not considered acceptable "medical sources" pursuant to 20 C.F.R. § 416.913(a), and their opinions are not entitled to controlling weight. See Conlin v. Colvin , 111 F.Supp.3d 376, 386 (W.D.N.Y. 2015). The amount of weight given to such opinions is based, in part, on the examining and treatment relationship, length and frequency of examinations, the extent of relevant evidence given to support the opinion, and consistency of the opinion with the record as a whole. 20 C.F.R. § 416.927(c). However, the ALJ is "free to decide that the opinions of " 'other sources' ... are entitled to no weight or little weight, [though] those decisions should be explained." Oaks v. Colvin , 2014 WL 5782486

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312 F. Supp. 3d 381, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cowley-v-berryhill-nywd-2018.