Harris v. Colvin

149 F. Supp. 3d 435, 2016 WL 736452, 2016 U.S. Dist. LEXIS 23248
CourtDistrict Court, W.D. New York
DecidedFebruary 25, 2016
DocketNo. 6:15-cv-06104(MAT)
StatusPublished
Cited by85 cases

This text of 149 F. Supp. 3d 435 (Harris v. Colvin) 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
Harris v. Colvin, 149 F. Supp. 3d 435, 2016 WL 736452, 2016 U.S. Dist. LEXIS 23248 (W.D.N.Y. 2016).

Opinion

DECISION AND ORDER

HONORABLE MICHAEL A. TELESCÁ, United’ States District. Judge

I. Introduction

Maleesha Harris (“Plaintiff’), represented by counsel, brings this action pursuant to Title XVI of the Social Security Act, challenging the final decision of the Acting Commissioner of Social Security (“the Commissioner”) denying her application for Supplemental Security Income (“SSI”). The Court has jurisdiction over this matter pursuant to 42 U.S.C. ■ §’ 405(g). For the reasons discussed below, the Commissioner’s decision is reversed, and the matter is remanded for the calculation and payment of benefits.

II. Procedural Status

Plaintiff filed for SSI on February 27, 2012, alleging that she had become disabled on September 5, 2011, due to’chronic obstructive pulmonary disease (“COPD”), neck and arm pain, bipolar disorder, asthma, gastroesophageal reflux disease [440]*440(“GERD”), anxiety, insomnia, and carpal tunnel syndrome (“CTS”) in both hands. T.10, 156.1 After her claim was denied, Plaintiff requested a hearing, which was conducted via videoconference on April 16, 2013, by administrative law judge William M. Manico (“the ALJ”). Plaintiff appeared with her attorney and testified, as did impartial vocational expert Howard S. Feld-man (“the VE”). On June 25, 2013, the ALJ issued a decision finding Plaintiff not disabled. T.10-33. The Appeals Council subsequently denied Plaintiffs request for review, making the ALJ’s decision the final decision of the Commissioner. This timely action followed.

The parties have cross-moved for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure, In connection with their motions, the parties have summarized the administrative transcript in their briefs, and the Court adopts and incorporates these factual summaries by reference. The record evidence will be discussed in further detail below, as necessary to the resolution of the parties’ contentions.

III. The ALJ’s Decision

The ALJ followed the five-step sequential evaluation promulgated by the Commissioner for adjudicating - disability claims. See 20 C.F.R. § 416.929(a). At step one, the ALJ found that Plaintiff had not engaged in substantial gainful activity since February 27, 2012, the application date. .

At step two, the ALJ determined that Plaintiff has the following “severe” impairments: umbilical hernia, brachioplexus stretch, asthma, anxiety disorder, depressive disorder, and bipolar disorder. T.12. At step three, the AL found that Plaintiff “does not have an impairment or combination of impairments that meets or medically equals the severity of one of the listed impairments” because “[n]o treating or examining physician has indicated findings that would satisfy the criteria of any listed physical impairment.” T.13. The ALJ specifically considered two listed impairments, Listing 12.04 (Affective Disorders) and Listing 12.06 (Anxiety Disorders). With regard to the “Paragraph B” criteria, the ALJ found that Plaintiff has “mild” restrictions in activities of daily living and in social functioning; “moderate” difficulties in maintaining concentration, persistence or pace; and has not experienced any episodes of decompensation. The ALJ also determined that the “Paragraph C” criteria were not satisfied, insofar as Plaintiff not experienced, e.g., episodes of decom-pensation of extended duration.

Next, the ALJ assessed Plaintiffs residual functional capacity (“RFC”) and found that she has the RFC to perform light work as defined in 20 C.F.R. § 416.967(b), with the following exceptions:

[She] is limited to walking continuously for approximately 15 minutes. [She] may only occasionally climb ramps or stairs, or crawl. [She] may frequently stoop, kneel, crouch, or balance. [She] may never climb ladders, ropes, or scaffolds. [She] should avoid extremes of cold, heat and humidity. [She] should avoid concentrated exposure to dust, fumes, odors, gases etc. [She] should avoid exposure to hazards. [She]’ retains the mental [RFC] to perform simple unskilled work involving simple instructions which is relatively low stress in nature. [She] should be allowed a regular work break approximately every 2 hours.

T.15 (footnotes omitted).

At step four, the ALJ noted that Plaintiff has no past relevant work per the [441]*441earnings record, and was 33 years-old on the application date, with at least a high school education and the ability to eommu-. nicate in English. T.28. Because Plaintiff has no past relevant work, the ALJ found, transferability of job skills was not material to the disability determination.

At step five, the ALJ relied on the VE’s testimony to find that, considering Plaintiffs age, education, work experience, and RFC, there are jobs existing in significant numbers in the national economy that she can perform. Specifically, the ALJ cited the VE’s testimony that a person with Plaintiffs RFC and vocational profile could perform the requirements of such representative occupations as cashier and mail clerk. T.28-29. Accordingly, the ALJ entered a finding of not disabled.

IV. Scope of Review

When considering a claimant’s challenge to the decision of the Commissioner denying benefits under the Act, a district court must accept the Commissioner’s findings of fact, provided that such findings are supported by “substantial evidence” in the record. See 42 U.S.C. § 405(g) (the Commissioner’s findings “as to any fact, if supported by substantial evidence, shall be conclusive”). The reviewing court nevertheless must scrutinize the whole record and examine evidence that supports or detracts from both sides., Tejada v.Apfel, 167 F.3d 770, 774 (2d Cir.1999) (citation omitted). “The deferential standard of review for substantial evidence does not apply to the Commissioner’s conclusions of law.” Byam v. Barnhart, 336 F.3d 172, 179 (2d Cir.2003) (citing Townley v. Heckler, 748 F.2d 109, 112 (2d Cir.1984)). Thus, the Commissioner’s “[fjailure to apply .the correct legal- standards is grounds for reversal.” Townley, 748 F.2d at 112; see also, e.g., Johnson v. Bowen, 817 F.2d 983, 985 (2d Cir.1987).

V. Discussion

A. Legal and Factual Errors in Weighing the Opinion of Treating Psychiatrist Dr. Spurling

Plaintiff argues that the ALJ misapplied the treating physician rule and erroneously discounted the opinions of her treating psychiatrist, Ronald Spurling, M.D.

In the Second Circuit, “the treating physician rule generally requires deference to the medical opinion of a claimant’s treating physician[.]” Halloran v.

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149 F. Supp. 3d 435, 2016 WL 736452, 2016 U.S. Dist. LEXIS 23248, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harris-v-colvin-nywd-2016.