FAZZOLARI v. COMMISSIONER OF SOCIAL SECURITY

CourtDistrict Court, D. New Jersey
DecidedFebruary 25, 2025
Docket3:23-cv-22116
StatusUnknown

This text of FAZZOLARI v. COMMISSIONER OF SOCIAL SECURITY (FAZZOLARI v. COMMISSIONER OF SOCIAL SECURITY) is published on Counsel Stack Legal Research, covering District Court, D. New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
FAZZOLARI v. COMMISSIONER OF SOCIAL SECURITY, (D.N.J. 2025).

Opinion

NOT FOR PUBLICATION

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

WANDA F., Plaintiff, Civil Action No. 23-22116 (MAS) “ MEMORANDUM OPINION COMMISSIONER OF SOCIAL SECURITY, Defendant.

SHIPP, District Judge This matter comes before the Court upon Plaintiff Wanda F.’s (“Plaintiff”)! appeal of the Commissioner of the Social Security Administration’s (the “Commissioner”) final decision denying her request for disability insurance benefits under Title IT of the Social Security Act. (ECF No. 1.) The Court has jurisdiction to review this appeal under 42 U.S.C. § 405(g) and reaches its decision without oral argument under Federal Rule of Civil Procedure 78(b) and Local Civil Rule 78.1(b). For the reasons below, the Court affirms the Commissioner’s decision. 1. BACKGROUND In this appeal, the Court must determine whether substantial evidence supports the Administrative Law Judge’s (“ALJ”) finding that Plaintiff was not disabled and could perform light work at a reduced level. (P1.’s Moving Br. 21, 24, ECF No. 10.) The Court begins with a brief background of the procedural posture and decision by the ALJ.

' The Court identifies Plaintiff by first name and last initial only. See D.N.J. Standing Order 2021-10.

A. Procedural Posture Plaintiff filed an application for disability insurance benefits in May 2019, alleging a disability onset date of February 9, 2016, and last insured date of December 31, 2016. (AR 17, 241, 264-65, ECF No. 6.’) The Social Security Administration (the “Administration”) denied the request both initially and on reconsideration. Ud. at 139-143, 145-147.) Thereafter, Plaintiff requested a hearing (7d. at 148-149), and the ALJ held that hearing on September 6, 2022 (id. at 33, 234-260). The ALJ issued a written opinion, where she determined that Plaintiff was not disabled and could perform light work at a reduced level. Ud. at 14-27.) Plaintiff appealed that decision, and the Administration’s Appeals Council affirmed the ALJ’s decision. Vd. at 1-6.) This appeal followed. (ECF No. 1.) Plaintiff filed her moving brief on July 22, 2024. (ECF No. 10.) The Commissioner opposed (ECF No. 14), and Plaintiff replied (ECF No. 15). B. The ALJ’s Decision In her October 12, 2022 decision, the ALJ concluded that Plaintiff was not disabled at any time between February 9, 2016 and December 31, 2016. (AR 27.) The ALJ set forth the five-step process for determining whether an individual is disabled. (/d. at 18-19 (citing 20 C.F.R. § 404,.1520(a)).) At step one, the ALJ found that Plaintiff had not “engaged in substantial gainful activity” during the period from her alleged onset date through the date last insured. Ud. at 20 (citing 20 C.F.R. § 404.1571).) At step two, the ALJ found that Plaintiff suffered from several severe impairments, including lumbago, obesity, and hypertension, but that her depressive disorder was non-severe. (/d. (citing 20 C.F.R. § 404.1520(c)).) At step three, the ALJ determined that Plaintiff did not have “an impairment or combination of impairments” that qualified under the

The Administrative Record (“AR”) is found at ECF No. 6. The Court will reference the relevant pages of the AR and will not reference the corresponding ECF page numbers within those files.

Administration’s listed impairments. (/d. at 21-22 (citing 20 C.F.R. §§ 404.1520(d), 404.1525, 404.1526).) The ALJ then found that Plaintiff possessed the residual functional capacity (“RFC”): to perform light work as defined in 20 C[.JF[-JR[.] [§] 404.1567(b) except frequent climbing of ramps and/or stairs; never climb ladders, ropes or scaffolds; frequent stooping, kneeling, crouching and crawling; frequent reaching all directions; and limited to simple, routine work. (AR 22.) In determining that Plaintiff had the RFC “to perform light work” subject to certain limitations, the ALJ examined Plaintiff's medical records from Dr. Rakesh Passi (“Dr. Passi”) from 2015 and 2016, Plaintiff's subjective complaints and testimony, and the state agency consultants’ shared opinions. (/d. 19-27.) Although the state agency psychological consultants opined that Plaintiff's depressive disorder was severe, the ALJ determined this opinion was “not persuasive” because their opinion was “internally inconsistent,” and the record otherwise failed to demonstrate that Plaintiff had disabling impairments through the date last insured. Ud. at 21.) At step four, the ALJ concluded that Plaintiff was “unable to perform any past relevant work.” Ud. at 25 (citing 20 C.F.R. § 404.1565).) At step five, the ALJ concluded that “there were jobs that existed in significant numbers in the national economy” that Plaintiff could have performed. Ud. at 26-27 (citing 20 C.F.R. §§ 404.1569, 404.1569(a)).) This appeal turns on the ALJ’s assessment of the severity of Plaintiffs mental impairments and determination of Plaintiffs RFC. (See generally Pl.’s Moving Br.) Specifically, Plaintiff argues that “[t]he [ALJ’s] finding that [Plaintiff's] depressive disorder is non severe is incorrect,” and “[t]here is not substantial evidence that plaintiff could perform light work, even at the reduced level found by the ALJ.” Ud. at 12, 21.) The Court must therefore resolve whether the ALJ’s decision is supported by substantial evidence and adequately explained.

II. LEGAL STANDARD A. Standard of Review On appeal from the final decision of the Commissioner, a district court “shall have power to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Commissioner of Social Security, with or without remanding the cause for a rehearing.” 42 U.S.C. § 405(g); Matthews v. Apfel, 239 F.3d 589, 592 (3d Cir. 2001). To survive judicial review, the Commissioner’s decision must be supported by substantial evidence. Richardson v. Perales, 402 U.S. 389, 401 (1971); see Morales v. Apfel, 225 F.3d 310, 316 (3d Cir. 2000). 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.” Richardson, 402 U.S. at 401 (citing Consol. Edison Co. v. NLRB, 305 U.S. 197, 229 (1938)). Substantial evidence ““may be somewhat less than a preponderance’ of the evidence.” Ginsburg v. Richardson, 436 F.2d 1146, 1148 (3d Cir. 1971) (quoting Laws v. Celebrezze, 368 F.2d 640

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FAZZOLARI v. COMMISSIONER OF SOCIAL SECURITY, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fazzolari-v-commissioner-of-social-security-njd-2025.