Hunter v. Berryhill

373 F. Supp. 3d 393
CourtDistrict Court, E.D. New York
DecidedApril 23, 2019
DocketCase No. 17-CV-4105 (FB)
StatusPublished
Cited by4 cases

This text of 373 F. Supp. 3d 393 (Hunter v. Berryhill) 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
Hunter v. Berryhill, 373 F. Supp. 3d 393 (E.D.N.Y. 2019).

Opinion

FREDERIC BLOCK, Senior United States District Judge

Dashan Hunter seeks review of the Commissioner of Social Security's final decision *395denying his application for Supplemental Security Income ("SSI"). Both parties move for judgment on the pleadings. For the reasons stated below, Hunter's motion is granted, the Commissioner's motion is denied, and the case is remanded for further proceedings.

I

Hunter, who was born in 1971, suffers from schizoaffective disorder, a serious mental illness. Because of his condition, he has a limited work history, last working briefly as a janitor in 2011.

Hunter applied for SSI in December 2012, alleging an onset date of July 11, 2011. After his application was denied, he sought a hearing before an administrative law judge ("ALJ"), at which he was represented by counsel.

Extensive medical evidence was presented to the ALJ. Pertinent here are the opinions of Kenneth Caccavale, M.D., and Sally Morcos, Psy.D.

Dr. Caccavale was Hunter's treating psychiatrist. At the Commissioner's request, he provided a medical source statement in which he opined that Hunter had moderate limitations with respect to complex instructions and decision-making, mild limitations with respect to simple instructions and decision-making, and mild limitations in his ability to function in a work setting. Dr. Caccavale further opined that Hunter had "focus problems related to ongoing occasional auditory/visual hallucinations." AR 502.

Dr. Morcos, a consulting psychologist, conducted a mental status examination. She opined that Hunter could "follow and understand simple directions and instructions," "perform simple tasks independently," "perform complex tasks with one on one supervision," and "make appropriate decisions." AR 351-52. She further opined, however, that Hunter might have difficulty "maintaining attention and concentration," "maintaining a regular schedule," "learning new tasks," "relat[ing] adequately with others," and "appropriately deal[ing] with stress." AR 351-52.

In addition to the medical evidence, the ALJ also considered the testimony from a vocational expert ("VE"). The ALJ asked that VE to consider an individual who "could work at all exertion levels," but who could "only do simple and routine tasks" and could have "no contact with the public and only occasional contact with coworkers." AR 53. The VE responded that such an individual could work as a machine operator, an unskilled job. The ALJ then posited "the additional limitation that the person would be off task 15 percent of the time," and asked, "[W]ould there be work for that person?" The VE answered: "No, not competitively." AR 53.

The ALJ rendered his decision on January 25, 2016. Applying the familiar five-step sequential evaluation process,1 he concluded that (1) Hunter had not engaged *396in substantial gainful activity since his application date, (2) his mental disorder was severe, but (3) did not meet the criteria for a presumptively disabling impairment in the Commissioner's Listing of Impairments.

Before turning to steps four and five, the ALJ assessed Hunter's residual functional capacity ("RFC"). Because Hunter did not have any physical impairments, the ALJ found him able "to perform a full range of work at all exertional levels." AR 26. The ALJ further found, however, that Hunter's mental condition imposed a non-exertional limitation restricting him to "unskilled work." AR 26.

Returning to the five-step evaluation process, the ALJ found that Hunter (4) did not have any past relevant work, but (5) could perform unskilled work that existed in significant numbers in the national economy. In the later regard, he found that Hunter's non-exertional limitations "have little or no effect on the occupational base of unskilled work at all exertional levels." AR 30.

Based on his findings, the ALJ concluded that Hunter was not disabled. The Commissioner's Appeals Council declined to review the ALJ's decision, making it the final decision of the Commissioner. Hunter timely sought judicial review.

II

"In reviewing a final decision of the Commissioner, a district court must determine whether the correct legal standards were applied and whether substantial evidence supports the decision." Butts v. Barnhart , 388 F.3d 377, 384 (2d Cir. 2004) ; see also 42 U.S.C. § 405(g). "[S]ubstantial evidence ... means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion." Richardson v. Perales , 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971) ; see also Selian v. Astrue , 708 F.3d 409, 417 (2d Cir. 2013).

Hunter argues that the ALJ's RFC assessment was erroneous because it did not include limits on his ability to concentrate. The Court agrees.

The crux of the ALJ's RFC assessment was that Hunter's mental condition limited him to unskilled work. He did not link that conclusion to any specific mental limitations. Instead, he cited Social Security Ruling 85-15, which instructs ALJs how to determine the effect of non-exertional impairments on a claimant's ability to work. With respect to mental impairments, an ALJ first considers whether the impairment meets the criteria for a listed impairment. If not, the ALJ next considers whether the impairment precludes the claimant's past work. If so-or if, as here, there is no relevant past work-"the final consideration is whether the person can be expected to perform unskilled work." SSR 85-15, 1985 WL 56857, at *4.

SSR 85-15 then connects unskilled work to specific abilities: "The basic mental demands of competitive, remunerative, unskilled work include the abilities (on a sustained basis) to understand, carry out, and remember simple instructions; to respond appropriately to supervision, coworkers, and usual work situations; and to deal with changes in a routine work setting." Id. Thus, Dr. Caccavale's opinion that Hunter had moderate limitations dealing with respect to complex instructions was not inconsistent with the demands of unskilled work. Dr.

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Bluebook (online)
373 F. Supp. 3d 393, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hunter-v-berryhill-nyed-2019.