Harbot v. Berryhill

335 F. Supp. 3d 382
CourtDistrict Court, W.D. New York
DecidedNovember 27, 2018
Docket17-CV-6371L
StatusPublished
Cited by6 cases

This text of 335 F. Supp. 3d 382 (Harbot v. Berryhill) is published on Counsel Stack Legal Research, covering District Court, W.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harbot v. Berryhill, 335 F. Supp. 3d 382 (W.D.N.Y. 2018).

Opinion

DAVID G. LARIMER, United States District Judge

INTRODUCTION

Plaintiff Robyn Sue Harbot ("plaintiff"), brings this action under 42 U.S.C. § 405(g) to review the final determination of the Commissioner of Social Security ("the Commissioner") that she is not disabled under the Social Security Act.

Plaintiff originally applied for a period of disability and disability insurance benefits, as well as supplemental security income, on March 28, 2012. She listed a disability onset date of April 26, 2009. (Dkt. # 10-2 at 35). Plaintiff's applications were initially denied. Plaintiff requested a hearing before an administrative law judge ("ALJ"), which was held on July 16, 2013 via videoconference before ALJ Marie Greener. The ALJ issued a written decision on August 27, 2013, concluding that plaintiff was not disabled. Plaintiff appealed to the Appeals Council, which remanded the matter with instructions to the ALJ to obtain additional evidence, further evaluate the claimant's mental impairments, give further consideration to the plaintiff's residual functional capacity ("RFC"), and if warranted, obtain additional evidence from medical and/or vocational experts. On August 19, 2015, the ALJ held a supplemental hearing by videoconference, at which the plaintiff appeared with her counsel and testified.

On November 10, 2015, the ALJ issued a second decision, again determining that plaintiff was not disabled under the Act (Dkt. # 10-2 at 35-48). That decision became the final decision of the Commissioner when the Appeals Council denied review on April 21, 2017. (Dkt. # 10-2 at 1-3). This appeal followed.

The plaintiff has moved (Dkt. # 13) and the Commissioner has cross moved (Dkt. # 18) for judgment on the pleadings under Rule 12(c) of the Federal Rules of Civil Procedure. For the reasons set forth below, the plaintiff's motion is granted, the Commissioner's cross motion is denied, and the matter is remanded for the calculation and payment of benefits.

DISCUSSION

I. Applicable Standards

A person is considered disabled when he is unable "to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months." 42 U.S.C. § 423(d)(1)(A). In order to determine whether a claimant is disabled, an ALJ employs a consecutive five-step inquiry, familiarity with which is presumed. See *385Bowen v. City of New York , 476 U.S. 467, 470-71, 106 S.Ct. 2022, 90 L.Ed.2d 462 (1986).

The Commissioner's decision that plaintiff was not disabled must be affirmed if it applies the correct legal standards and is supported by substantial evidence. See Shaw v. Chater , 221 F.3d 126, 131 (2d Cir. 2000) ; Balsamo v. Chater , 142 F.3d 75, 79 (2d Cir. 1998).

II. The ALJ's Decision

The ALJ found that plaintiff had severe impairments, consisting of cervical spine impairment, psychogenic non-epileptic attacks, obesity, mild neurocognitive disorder, depressive disorder, posttraumatic stress disorder ("PTSD"), dissociative identity disorder (commonly known as "multiple personality" disorder), conversion disorder and panic disorder. (Dkt. # 10-2 at 38).

Upon review of the record, the ALJ concluded that plaintiff retained the residual functional capacity ("RFC") to perform light work, except that plaintiff is limited by a fainting disorder with episodes once per day for one minute, with no recovery time required. Claimant is unable to operate motor vehicles or heavy equipment, and cannot work at unprotected heights or use ladders or scaffolds. Plaintiff is unable to use cutting tools, and may not work near machinery with unprotected moving parts, or near water such as lakes or swimming pools. Further, she is limited to routine daily tasks and duties in the same workplace that do not significantly change in pace or location on a daily basis. (Dkt. # 10-2 at 41).

When presented with this RFC, vocational expert David A. Festa testified that a person with plaintiff's RFC could perform the positions of routing clerk, cafeteria attendant and cleaner, housekeeping. (Dkt. # 10-2 at 47). The ALJ accordingly concluded that plaintiff, at the time of her application a 46-year-old woman with a high school education and past relevant work as a bus monitor, was not disabled.

A. The Treating Physician Rule

It is well-settled that "the medical opinion of a claimant's treating physician is given controlling weight if it is well supported by medical findings and not inconsistent with other substantial record evidence." Shaw , 221 F.3d at 134. In determining what weight to give a treating physician's opinion, the ALJ must consider: (1) the length, nature and extent of the treatment relationship; (2) the frequency of examination; (3) the evidence presented to support the treating physician's opinion; (4) whether the opinion is consistent with the record as whole; and (5) whether the opinion is offered by a specialist. 20 C.F.R. § 404.1527(d).1 Further, the ALJ must articulate her reasons for assigning the weight that she does accord to a treating physician's opinion. See Shaw , 221 F.3d at 134. See also Snell v. Apfel , 177 F.3d 128

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Hahn v. Saul
E.D. New York, 2023
Lord v. Kijakazi
N.D. New York, 2021
Merkel v. Comm'r of Soc. Sec.
350 F. Supp. 3d 241 (W.D. New York, 2018)

Cite This Page — Counsel Stack

Bluebook (online)
335 F. Supp. 3d 382, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harbot-v-berryhill-nywd-2018.