Edward M., III v. Commissioner of Social Security

District Court, W.D. New York·Decided June 5, 2026·No. 1:25-cv-00164·Unknown

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK ____________________________________________

EDWARD M., III,

Plaintiff,

v. CASE NO. 1:25-cv-00164 (JGW) COMMISSIONER OF SOCIAL SECURITY,

Defendant. ____________________________________________

J. Gregory Wehrman, U.S. Magistrate Judge, MEMORANDUM-DECISION and ORDER The parties consented in accordance with a standing order to proceed before the undersigned. The Court has jurisdiction over this matter pursuant to 42 U.S.C. § 405(g). The matter is presently before the Court on the parties’ cross-motions for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure. (Docs. 5, 6.) Upon review of the administrative record and consideration of the parties’ filings, Plaintiff’s Motion for Judgment on Pleadings (Doc. 5) is DENIED, Defendant’s Motion for Judgment on the Pleadings (Doc. 6) is GRANTED, and the decision of the Commissioner is AFFIRMED. I. RELEVANT BACKGROUND A. Procedural Background On July 27, 2023, Plaintiff protectively filed an application for a period of disability and disability insurance benefits, alleging an onset date of July 17, 2023. (Tr. 77, 174- 80.) Plaintiff’s claim was denied initially and upon reconsideration. (Tr. 76, 88.) He then timely requested a hearing before an Administrative Law Judge (ALJ). (Tr. 111.) Plaintiff appeared with counsel for a telephonic hearing before ALJ Stephen Cordovani held on July 16, 2024. (Tr. 35-75.) On October 22, 2024, the ALJ issued an unfavorable decision, finding that Plaintiff was not disabled. (Tr. 11-34.) The Appeals Council denied his

request for review, (Tr. 1-6), and Plaintiff timely filed his appeal to this Court. B. Factual Background1 Plaintiff was born November 1, 1970 and advanced through college. (Tr. 77, 79, 210.) He initially alleged his disabling conditions to include severe anxiety/PTSD (related to military service), chronic deteriorating arthritis (knees and shoulder), and cataracts. (Tr. 77.) At the hearing before the ALJ, Plaintiff indicated that he did not think he could work a full-time job because “[b]ased on past experiences, with extreme anger levels and mistrusting of anyone in the workplace, in terms also of the physical layout, the environment would not allow me to have a work experience that I’d be able to do with any

great proficiency.” (Tr. 59.) He explained further that, with his mental health concerns, he does “not do well with other people.” (Tr. 53.) Physically, Plaintiff described that he cannot use the whole left side of his body. (Id.) He explained that his left shoulder and arm is “basically useless.” (Id.) He elaborated that he has little abduction and “the pain is excruciating on most days.” (Tr. 54.) He indicated that he was not able to reach in front or over his head. (Tr. 57.) He described that he could only lift nominal weight, which he defined as two pounds. (Id.) He explained

1 This recitation of facts primarily includes testimony from the hearing before the ALJ. Other facts will be developed throughout the opinion as relevant to the Court’s analysis. that, if he dropped something light, he was able to bend over and retrieve it. (Id.) He testified he could not effectively work at a computer. (Id.) Additionally, Plaintiff explained that his knee “falls out periodically,” causing him to fall down the stairs or when he is walking. (Tr. 54.) He indicated his knee causes him a

lot of pain. (Id.) Plaintiff described that sitting is painful because of his knee, but standing is “far worse” because his knee may give out. (Id.) He explained that how far he can walk depends on the day—some days he cannot walk far and others he can walk down the block. (Tr. 56.) He also noted that he sometimes uses both a brace and a cane, but the cane is ineffective because of his shoulder. (Id.) He affirmed the brace was helpful. (Id.) He indicated that any kind of stairs, bending, or stooping was painful and difficult, as his knee will only bend so far. (Id.) He described he could not squat or crouch at all. (Id.) Plaintiff explained that, when he experiences excruciating pain from his knee, he utilizes an ice pack and waits for the pain to subside. (Tr. 55.) Plaintiff also identified difficulties resulting from bone fragments in his neck, as well

as arthritis. (Tr. 57.) He noted that he was unable to turn his head without pain. (Id.) These issues also affected his ability to get out of his chair and out of bed. (Tr. 58.) Plaintiff also described mental health issues, including difficulty with his memory, indicating that “[i]t’s been slipping.” (Id.) He characterized himself as becoming “pretty forgetful.” (Id.) He further explained that his pain impacts his focus and concentration, and he has difficulty finishing tasks. (Id.) He described difficulties with anger issues, but he indicated that the medication has helped with those issues. (Id.) He indicated he could not sleep more than a few hours a night. (Id.) Plaintiff testified that he did experience panic attacks, for which he took medication, and the medication has reduced his panic attacks from four times a week to once a week. (Tr. 59-60.) He explained that the attacks make him feel like he is having a heart attack and may last around thirty minutes to an hour, after which they subside, but it takes about

two hours for him to recover from a panic attack. (Tr. 60.) Plaintiff testified that this medication also eliminated the suicidal ideation he previously experienced. (Tr. 69.) Additionally, it helped with his anger and anxiety, although he still experiences those emotions. (Id.) Plaintiff explained he is not able to deal with the public for any length of time and generally declines going to places that have crowds. (Tr. 60-61.) With regard to daily activities, Plaintiff described that his wife does the laundry and the cooking. (Tr. 44.) He explained that he is not skilled at cooking and cannot help with the laundry due to issues with his left shoulder. (Tr. 45.) His wife also generally does the grocery shopping, but he sometimes goes with her. (Id.) Plaintiff has a driver’s license

and can drive himself to his medical appointments on a weekly basis. (Tr. 44.) Occasionally, he will stop and pick up things when he gets gas. (Tr. 46.) In sum, Plaintiff does not assist with any household chores, indicating that he cannot do them effectively, so his wife does them all. (Tr. 61.) He testified that, in a usual day, he watches a lot of television and may read a bit. (Tr. 62.) Generally, he is able to accomplish most personal care tasks, but his wife helps occasionally if needed. (Tr. 62-63.) He does struggle with putting on his shoes and socks, but his wife helps him. (Tr. 63.) Previously, Plaintiff worked in the Coast Guard, coordinating search and rescue and managing classified material. (Tr. 46.) He retired after twenty-two years of service. (Id.) He also worked as a case manager for a program for veterans in danger of becoming homeless. (Tr. 47.) He ultimately stopped counseling veterans due to his own mental health concerns, specifically that he was having difficulties with his co-workers and clients. (Tr. 48.) He also described difficulties with his supervisor at another counseling

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