Insalaco v. Comm'r of Soc. Sec.

366 F. Supp. 3d 401
CourtDistrict Court, W.D. New York
DecidedMarch 15, 2019
Docket1:17-CV-01297 EAW
StatusPublished
Cited by13 cases

This text of 366 F. Supp. 3d 401 (Insalaco v. Comm'r of Soc. Sec.) 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
Insalaco v. Comm'r of Soc. Sec., 366 F. Supp. 3d 401 (W.D.N.Y. 2019).

Opinion

ELIZABETH A. WOLFORD, United States District Judge

INTRODUCTION

Represented by counsel, Plaintiff Michelene Insalaco ("Plaintiff") brings this action pursuant to Title II of the Social Security Act (the "Act"), seeking review of the final decision of the Commissioner of Social Security (the "Commissioner," or "Defendant") denying her application for disability insurance benefits ("DIB"). (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. 17; Dkt. 22), and Plaintiff's reply (Dkt. 23). For the reasons discussed below, Plaintiff's motion (Dkt. 17) is granted in part, the Commissioner's motion (Dkt. 22) is denied, and the matter is remanded to the Commissioner for further administrative proceedings consistent with this Decision and Order.

BACKGROUND

Plaintiff protectively filed her application for DIB on November 18, 2015. (Dkt. 7 at 149, 163).1 In her application, Plaintiff alleged disability beginning September 30, 2015, due to stage III breast cancer, depression, anxiety, and Wolf Parkinson White syndrome. (Id. at 150, 163). Plaintiff's application was initially denied on February 12, 2016. (Id. at 163, 184-89). At Plaintiff's request, a hearing was held before administrative law judge ("ALJ") Bryce Baird in Buffalo, New York, on June 23, 2016. (Id. at 97-148, 163). On September 9, 2016, the ALJ issued an unfavorable decision. (Id. at 160-71). Plaintiff requested Appeals Council review; on November 30, 2016, the Appeals Council granted Plaintiff's request and remanded the case to the ALJ. (Id. at 178-82). A second hearing was held before the ALJ in Buffalo, New York, on March 7, 2017. (Id. at 22, 44-96). On June 26, 2017, the ALJ issued an unfavorable decision. (Id. at 19-35). Plaintiff requested Appeals Council *405review; her request was denied on November 16, 2017, making the ALJ's determination the Commissioner's final decision. (Id. at 8-11). 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. § 404.1520(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. § 404.1520(c). If the claimant does not have a severe impairment or combination of impairments, the analysis concludes with a finding of "not disabled." If the claimant does have at least one severe impairment, the ALJ continues to step three.

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366 F. Supp. 3d 401, Counsel Stack Legal Research, https://law.counselstack.com/opinion/insalaco-v-commr-of-soc-sec-nywd-2019.