Credle v. Apfel

4 F. App'x 20
CourtCourt of Appeals for the Second Circuit
DecidedFebruary 14, 2001
DocketNo. 00-6184
StatusPublished
Cited by1 cases

This text of 4 F. App'x 20 (Credle v. Apfel) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Credle v. Apfel, 4 F. App'x 20 (2d Cir. 2001).

Opinion

SUMMARY ORDER

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment be AFFIRMED.

Thomas Credle appeals from the judgment of the United States District Court for the Eastern District of New York (Nickerson, J.) affirming the final decision of the Commissioner of Social Security (“Commissioner”), which granted Credle’s application for disability insurance benefits (“DIB”) under the Social Security Act for the period after July 1, 1995 but not before. Credle claims that he became disabled on March 5, 1992 and is entitled to disability insurance as of that date, as opposed to the later July 1, 1995 date.

In reviewing the district court’s decision to affirm the Commissioner, “we conduct a plenary review of the administrative record to determine if there is substantial evidence, considering the record as a whole, to support the Commissioner’s decision and if the correct legal standards have been applied.” Shaw v. Chafer, 221 F.3d 126, 131 (2d Cir.2000); accord 42 U.S.C. § 405(g); Cruz v. Sullivan, 912 F.2d 8, 11 (2d Cir.1990); cf. Curry v. Apfel, 209 F.3d 117, 122 (2d Cir.2000) (“When deciding an appeal from a denial of disability benefits, we focus on the administrative ruling rather than the district court’s opinion.”); Rosa v. Callahan, 168 F.3d 72, 77 (2d Cir.1999) (same); Schaal v. Apfel, 134 F.3d 496, 500-01 (2d Cir.1998) (same). “Substantial evidence is more than a mere scintilla. It means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Curry, 209 F.3d at 122 (internal quotation marks [22]*22and citation omitted). In deciding whether substantial evidence exists, this Court defers to the agency’s resolution of conflicting evidence. See Clark v. Commissioner, 143 F.3d 115, 118 (2d Cir.1998) (“[I]t is up to the agency, and not this court, to weigh the conflicting evidence in the record.”) We agree with the district court that the record contained substantial evidence to support the Commissioner’s conclusion that the date of onset for Credle’s disability was July 1,1995.

Credle made his first application for DIB on April 16, 1993. The application was denied both initially and on reconsideration. The claim was heard on the written record after Credle, without the advice of counsel, waived his right to a hearing.

On October 14, 1994, ALJ David Nisnewitz found that Credle was not disabled. Credle’s request for review was denied. Credle then filed his first action in the United States District Court for the Eastern District of New York challenging the finding of the ALJ. Credle’s second application for DIB was filed on February 10, 1995, while his case was pending in the district court. The Commissioner granted those benefits after a finding that Credle was disabled as of July 1, 1995. On June 26, 1996 the district court (Raggi, J.) concluded that Credle unknowingly waived his right to an administrative hearing and remanded the case for a new hearing before an ALJ. The Appeals Council vacated both decisions, unfavorable and favorable, and ordered that the two applications for benefits be considered together at a new administrative hearing. ALJ Nisnewitz held a hearing on August 6, 1997 and, on January 22, 1998, issued a decision finding that Credle was disabled as of July 1, 1995, but not prior to that date. The Appeals Council denied review of this decision and Credle brought a second action in the Eastern District of New York challenging the Commissioner’s denial of benefits from March 2, 1992 — his claimed onset date — to July 1, 1995. The Commissioner’s decision was affirmed by the district court (Nickerson, J.) on March 30, 2000 and Credle appealed to this Court. We now affirm.

The regulations promulgated under the Act require a five-step inquiry as to whether or not an individual is disabled. These steps include: (1) whether the claimant is currently engaged in substantial gainful activity — if so, the claimant is not disabled, (2) whether the claimant has a severe impairment that limits the claimant’s mental or physical ability to do basic work activities, (3) if the claimant has a severe impairment, whether the claimant has a “listed impairment” (an impairment listed in 20 C.F.R., Part 404, Subpart P, Appendix 1) — if so, there is an irrebuttable presumption of disability, (4) if the impairment is not “listed”, whether the claimant has residual functional capacity to perform the claimant’s past work, notwithstanding the claimant’s severe impairment, and (5) if the claimant is unable to perform past work, whether there is other work the claimant would be able to perfonn. See Shaw, 221 F.3d at 132 (summarizing five-step analysis under 20 C.F.R. §§ 404.1520, 416.920); DeChirico v. Callahan, 134 F.3d 1177, 1179-80 (2d Cir.1998) (same).

In accordance with the regulations, the ALJ made the following findings to support the conclusion that Credle was not disabled prior to July 1,1995:

(.1) Credle last engaged in substantial gainful activity prior to March 5, 1992;
(2) Credle suffered from the following “impairments”: prior to July 1, 1995, Credle suffered from low back derangement; since July 1, 1995 Credle has suffered from bulging discs at L3-4, L45, lumbar radiculopathy and chronic pain syndrome;
[23]*23(3) prior to July 1, 1995, Credle’s impairment was “severe” but not “listed”; since July 1, 1995, Credle has suffered from a severe impairment that is the equivalent of a “listed impairment” (Listing 1.05(c)) and has precluded him from working for at least 12 continuous months (thereby raising an irrebuttable presumption of disability since July 1, 1995);
(J) prior to July 1, 1995, “the claimant retained the residual functional capacity to perform the exertional demands of sedentary work, or work which is generally performed while sitting and never requires lifting in excess of ten pounds” and, prior to July 1, 1995, Credle “had no significant non-exertional limitations which narrowed the range of work he could perform”; nevertheless, prior to July 1, 1995 Credle did not have the residual functional capacity to perform his past relevant work as a foreman/attendant in a parking garage, as that work involved long periods of standing; and

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Bluebook (online)
4 F. App'x 20, Counsel Stack Legal Research, https://law.counselstack.com/opinion/credle-v-apfel-ca2-2001.