Cruz v. Colvin

278 F. Supp. 3d 694
District Court, W.D. New York·Decided October 3, 2017·No. 16-CV-06250·Published·Cited by 11 cases

Opinion

DECISION AND ORDER

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 January 25, 2013, plaintiff filed applications for a period of disability and disability insurance benefits under Title II of the Social Security Act. (Dkt. # 8 at 25).1 Her application was initially denied. (Dkt. #8 at 38). Plaintiff requested a hearing, which was held on August 12, 2014 via videoconference before Administrative Law Judge (“ALJ”) Angela Miranda. (Dkt. # 8 at 25); The ALJ issued an unfavorable decision on November 14, 2014, concluding that plaintiff was not disabled under the Social Security Act. (Dkt. # 8 at 14). That decision became the final decision of the Commissioner when the Appeals Council denied review on February 12, 2016. (Dkt. # 8 at 1). Plaintiff now appeals.

The plaintiff has moved, and the Commissioner has cross moved for judgment on the pleadings, pursuant to Fed. R. Civ. Proc. 12(c); For the reasons set forth below, plaintiffs motion (Dkt." # 11) is denied, the Commissioner’s cross motion (Dkt. #14) is granted, and the Commis-' [697] sioner’s decision that plaintiff is not disabled is affirmed.

DISCUSSION

I. Relevant Standards

Determination of whether a claimant' is disabled within the meaning of the Social Security Act requires a five-step sequential evaluation. 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. If the ALJ concludes that the claimant is not engaged in substantial gainful employment and suffers from a severe impairment, the ALJ examines whether the claimant’s impairment meets or equals the criteria of those listed in Appendix 1 of Subpart P of Regulation No. 4. If the impairment does, and has continued for the required duration, the claimant is disabled. If not, analysis proceeds and the ALJ determines the claimant’s residual functional capacity (“RFC”), which is the ability to perform physical or mental work activities on a sustained basis, notwithstanding limitations for the collective impairments. See 20 CFR § 404.1520(e), (f). If the claimant’s RFC permits her to perform relevant' jobs she has done in the past, she is not disabled. If not, analysis proceeds to the final step, and the burden shifts to the Commissioner to show that the claimant is not disabled, by presenting evidence demonstrating that the claimant “retains a residual'functional capacity to perform alternative substantial gainful work which exists in the. national economy” in light of her age, education, and work experience. See Rosa v. Callahan, 168 F.3d 72, 77 (2d Cir. 1999) (quoting Bapp v. Bowen, 802 F.2d 601, 604 (2d Cir. 1986)). See also 20 CFR § 404.1560(c)'

Where a claimant’s alleged disability includes mental components, at steps 2 and 3 the ALJ must apply the so-called “special technique” in addition to the usual five-step analysis. See Kohler v. Astrue, 546 F.3d 260, 265 (2d Cir. 2008). If the claimant is found to have a medically determinable mental impairment, the ALJ must assess the claimant’s degree of.resulting limitations in four- broad functional areas: (1) activities of daily living; (2) social functioning; (3) concentration, persistence or pace; and (4) episodes of decompensation. 20 CFR § 404.1520a(c)(3). If and how the analysis proceeds from that point depends upon the degree of impairment found. However, the ALJ must document her analysis, and her written decision must “reflect application of the technique, and ... ‘include a specific finding as to the degree of limitation in each of the [four] functional areas.’ ” Kohler, 546 F.3d 260 at 266, quoting 20 CFR § 404.1520a(e)(2).

The Commissioner’s decision that plaintiff is not disabled must be affirmed if it is supported by substantial evidence, and if the ALJ has applied the correct legal standards. See 42 U.S.C. § 405(g); Machadio v. Apfel, 276 F.3d 103, 108 (2d Cir. 2002). Substantial evidence is defined as “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, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971). “The Court carefully considers the whole record, examining evidence from both sides ‘because an analysis of the substantiality of the evidence must also include that which detracts from its weight..’” Tejada v. Apfel, 167 F.3d 770, 774 (2d Cir. 1999) (quoting Quinones v. Chater, 117 F.3d 29, 33 (2d Cir. 1997)). Still, “it is not the function of a reviewing court to decide de novo whether a claimant was disabled.” Melville v. Apfel, 198, F.3d 45, 52 (2d Cir. 1999). “Where the Commis-sioper’s decision rests .on adequate findings supported by evidence having rational probative force, [this Court) will not substitute [its] judgment for that of-the Commission[698] er.” Veino v. Barnhart, 312 F.3d 578, 586 (2d Cir. 2002).

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Cruz v. Colvin, 278 F. Supp. 3d 694 (W.D.N.Y. 2017).

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