Frias v. Commissioner of Social Security

225 F. Supp. 3d 125, 2016 U.S. Dist. LEXIS 180531, 2016 WL 7406445
CourtDistrict Court, E.D. New York
DecidedDecember 13, 2016
Docket15-cv-5020 (SJF)
StatusPublished
Cited by3 cases

This text of 225 F. Supp. 3d 125 (Frias v. Commissioner of Social Security) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Frias v. Commissioner of Social Security, 225 F. Supp. 3d 125, 2016 U.S. Dist. LEXIS 180531, 2016 WL 7406445 (E.D.N.Y. 2016).

Opinion

OPINION AND ORDER

FEUERSTEIN, District Judge:

Pro se Plaintiff Rodolfo Frias (“Plaintiff’ or “Frias”) commenced this action pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3), seeking judicial review of the final determination of Defendant Commissioner of Social Security (“Defendant” or “Commissioner”) denying Plaintiffs Au[127]*127gust 9, 2012 application for Supplemental Security Income (“SSI”) benefits. See Docket Entry (“DE”) [1]. Presently before the Court is Defendant’s unopposed motion for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c). DE [13]. For the reasons set forth herein, the Commissioner’s motion is granted in its entirety.

I. BACKGROUND

Unless otherwise noted, the following facts are drawn from Plaintiffs Complaint (“Compl”), DE [1], and the Transcript of the Administrative Record (“Tr.”), DE [15].

A. Procedural Background

On August 9, 2012, Plaintiff filed an application for SSI benefits, claiming disability as a result of injuries to his back, knee, and elbow following a November 1, 2011 motor vehicle accident.1 Tr. 7, 96-100. On January 10, 2013, the Social Security Administration (“SSA”) denied Plaintiffs application, finding that he was not disabled under the SSA’s rules. Id. at 50-55. On January 31, 2013, Plaintiff requested a hearing before an Administrative Law Judge. Id. at 56-58. On November 26, 2013, a hearing was held before Administrative Law Judge Andrew Weiss (the “ALJ”), at which Plaintiff appeared with counsel. Id. at 1-16. In a January 30, 2014 Notice of Decision (the “ALJ Decision”), the ALJ concluded that Plaintiff was not disabled within the meaning of the Social Security Act (the “Act”), 42 U.S.C. § 1381 et seq., and was therefore not entitled to SSI benefits. Id. at 27-38. On March 21, 2014, Plaintiff requested that the Appeals Council (“AC”) review the ALJ Decision. Id. at 26. In a June 15, 2015 Notice of Appeals Counsel Action, the AC wrote that it “found no reason under [its] rules to review the Administrative Law Judge’s decision,” and that “the Administrative Law Judge’s decision is the final decision of the Commissioner ....” Id. at 17-19. By way of a Complaint dated August 20, 2015, Plaintiff commenced this action pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3) seeking judicial review of the Commissioner’s final determination. DE [1]. On May 5, 2016, Defendant filed the instant motion for judgment on the pleadings pursuant to Rule 12(c).2 DE [13].

B. Non-Medical Evidence

1. Plaintiffs Personal and Employment History

Plaintiff was born on May 27, 1979, and was thirty-four (34) years old at the time of the administrative hearing. Tr. 4. Frias graduated from Island Drafting & Technical Institute in 2010. Id. at 4, 8. Prior to his accident, Plaintiff worked as: (i) an electronic technician at Radio Shack from approximately 1998 until 2000; (ii) a museum attendant at the Newark Museum from approximately 2005 until 2006; and (iii) an electronic technician at Solectron from approximately 2008 until 2011. Id. at 13, 106. Following his accident, Frias worked in fundraising at a campaign center from approximately February 2013 until September 2013. Id. at 5-6.

2. Plaintiffs Self-Reporting in His Supplemental Security Income Application

In support of his application for SSI benefits, Plaintiff submitted a Function [128]*128Report and Work History Report. Id. at 116-33.

i Function Report

In Plaintiffs December 12, 2012 Function Report, Plaintiff reported that he lived at home with his family, that he did not take care of anyone else, and that his mother assisted him with feeding his pets. Id. at 116-17. Frias had no trouble with personal care, and was able to shave, feed himself, and use the toilet without assistance. Id. at 117-18. Plaintiff was able to shop for food on a weekly basis, and he and his mother prepared his meals. Id. at 118-20. Plaintiff was capable of doing “some cleaning.” Id.

Plaintiff went outside on a daily basis, and either walked or used public transportation to travel. Id. at 119. Although Plaintiff had a driver’s license, he did not drive because he did not have a car. Id. at 119-20. Plaintiffs hobbies and interests included cars and watching baseball, which he did weekly, and his social activities included talking on the telephone, which he did daily. Id. at 120-21. Plaintiff had no problems getting along with family, friends, and neighbors, and his social activities did not change following his injury. Id. at 121.

Following his injury, Plaintiff was unable to “lift much,” had to “sit down at times,” and had to “take a break” when walking. Id. Plaintiff also reported that he had trouble climbing stairs, kneeling, and squatting. Id. at 122. Plaintiff was able to walk a “few blocks” before resting, and was able to continue after two (2) minutes. Id. at 123. Although Plaintiff had problems paying attention and remembering things, he was able to follow written and spoken instructions. Id. Plaintiff also reported difficulty sleeping at night. Id. at 124.

Plaintiff first experienced pain on the date of the accident. Id. Although Frias was not receiving medical treatment at the time of the Function Report, he had previously treated with pain management specialist Dr. Anil Patel. Id. Plaintiff described his pain as “dull stabbing” in his knee and back. Id. Plaintiff experienced the pain weekly, and it was exacerbated by walking and climbing. Id. at 125. Plaintiff reported that he was not taking pain medication, but that he had previously taken Oxycodone since 2012. Id. Plaintiff did not do anything else to relieve his pain. Id. at 126.

ii Work History Report

In Plaintiffs Work History Report, Plaintiff provided information regarding his employment, and the nature of work he performed, for the fifteen (15) years prior to his injury. Id. at 128-33. From 1997 until 1998,3 Plaintiff sold electronics and provided customer service at Radio Shack. Id. at 133. Plaintiff used technical knowledge or skills, and was required to write and complete reports. Id. Plaintiff walked for five (5) hours per day, stood for two (2) hours per day, and sat for one (1) hour per day. Id. The heaviest weight that he lifted was less than ten (10) pounds. Id.

From 1998 until 1999, Plaintiff was an IDT prepaid card customer service representative. Id. at 132.

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225 F. Supp. 3d 125, 2016 U.S. Dist. LEXIS 180531, 2016 WL 7406445, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frias-v-commissioner-of-social-security-nyed-2016.