Herb v. Comm'r of Soc. Sec.

366 F. Supp. 3d 441
District Court, W.D. New York·Decided March 27, 2019·No. 1:18-CV-00411 EAW·Published·Cited by 43 cases

Opinion

ELIZABETH A. WOLFORD, United States District Judge

INTRODUCTION

Represented by counsel, Plaintiff John Arthur Herb ("Plaintiff") brings this action pursuant to Title XVI of the Social Security Act (the "Act"), seeking review of the final decision of the Commissioner of Social Security (the "Commissioner," or "Defendant") denying his application for supplemental security income ("SSI"). (Dkt. 1). This Court has jurisdiction over the matter pursuant to 42 U.S.C. § 405(g). Presently before the Court are the parties' cross-motions for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure (Dkt. 10; Dkt. 14), and Plaintiff's reply (Dkt. 15). For the reasons discussed below, Plaintiff's motion (Dkt. 10) is granted in part, the Commissioner's motion (Dkt. 14) is denied, and the matter is remanded to the Commissioner for further administrative proceedings consistent with this Decision and Order.

BACKGROUND

Plaintiff protectively filed his application for SSI on December 20, 2010. (Dkt. 7 at 20, 80).1 In his application, Plaintiff alleged disability beginning August 6, 2003, due to severe depression, anxiety, personality disorder, and "not otherwise specified" mental disorders. (Id. at 20, 130, 148, 532). Plaintiff's application was initially denied on April 26, 2011. (Id. at 20, 81-84). At Plaintiff's request, a hearing was held before administrative law judge ("ALJ") Bruce R. Mazzarella in Buffalo, New York, on September 5, 2012. (Id. at 20, 33-79). On October 15, 2012, the ALJ issued an unfavorable *444decision. (Id. at 17-28). Plaintiff requested Appeals Council review; his request was denied on January 15, 2014, making the ALJ's determination the Commissioner's final decision. (Id. at 7-9).

Thereafter, Plaintiff appealed his case to the United States District Court for the Western District of New York, and on May 12, 2015, the Court issued a Decision and Order remanding the case to the Commissioner for further administrative proceedings. (Id. at 599-617). A second administrative hearing was held before ALJ Timothy M. McGuan in Buffalo, New York, on September 22, 2017. (Id. at 532, 559-78). On January 19, 2018, the ALJ issued an unfavorable decision. (Id. at 529-50). This action followed.

LEGAL STANDARD

I. District Court Review

"In reviewing a final decision of the [Social Security Administration ("SSA") ], this Court is limited to determining whether the SSA's conclusions were supported by substantial evidence in the record and were based on a correct legal standard." Talavera v. Astrue , 697 F.3d 145, 151 (2d Cir. 2012) (quotation omitted); see also 42 U.S.C. § 405(g). The Act holds that a decision by the Commissioner is "conclusive" if it is supported by substantial evidence. 42 U.S.C. § 405(g). "Substantial evidence means more than a mere scintilla. It means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion." Moran v. Astrue , 569 F.3d 108, 112 (2d Cir. 2009) (quotation omitted). It is not the Court's function to "determine de novo whether [the claimant] is disabled." Schaal v. Apfel , 134 F.3d 496, 501 (2d Cir. 1998) (quotation omitted); see also Wagner v. Sec'y of Health & Human Servs. , 906 F.2d 856, 860 (2d Cir. 1990) (holding that review of the Secretary's decision is not de novo and that the Secretary's findings are conclusive if supported by substantial evidence). However, "[t]he 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) ).

II. Disability Determination

An ALJ follows a five-step sequential evaluation to determine whether a claimant is disabled within the meaning of the Act. See Bowen v. City of New York , 476 U.S. 467, 470-71, 106 S.Ct. 2022, 90 L.Ed.2d 462 (1986). At step one, the ALJ determines whether the claimant is engaged in substantial gainful work activity. See 20 C.F.R. § 416.920(b). If so, the claimant is not disabled. If not, the ALJ proceeds to step two and determines whether the claimant has an impairment, or combination of impairments, that is "severe" within the meaning of the Act, in that it imposes significant restrictions on the claimant's ability to perform basic work activities. Id. § 416.920(c).

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Herb v. Comm'r of Soc. Sec., 366 F. Supp. 3d 441 (W.D.N.Y. 2019).

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