Jennifer S. v. Commissioner of Social Security

District Court, W.D. New York·Decided January 14, 2026·No. 1:24-cv-00334·Unknown

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK

JENNIFER S.,1

Plaintiff,

v. 24-CV-334-LJV DECISION & ORDER COMMISSIONER OF SOCIAL SECURITY,

Defendant.

On April 12, 2024, the plaintiff, Jennifer S. (“Jennifer”), brought this action under the Social Security Act (“the Act”). Docket Item 1. She seeks review of the determination by the Commissioner of Social Security (“Commissioner”) that she was not disabled.2 Id. On July 10, 2024, Jennifer moved for judgment on the pleadings, Docket Item 7, and on August 9, 2024, the Commissioner responded and cross-moved for judgment on the pleadings, Docket Item 9.

1 To protect the privacy interests of Social Security litigants while maintaining public access to judicial records, this Court will identify any non-government party in cases filed under 42 U.S.C. § 405(g) only by first name and last initial. Standing Order, Identification of Non-Government Parties in Social Security Opinions (W.D.N.Y. Nov. 18, 2020). 2 Jennifer applied for Disability Insurance Benefits (“DIB”). One category of persons eligible for DIB includes any adult with a disability who, based on her quarters of qualifying work, meets the Act’s insured-status requirements. See 42 U.S.C. § 423(c); Arnone v. Bowen, 882 F.2d 34, 37-38 (2d Cir. 1989). For the reasons that follow, this Court denies Jennifer’s motion and grants the Commissioner’s cross motion.3

STANDARD OF REVIEW “The scope of review of a disability determination . . . involves two levels of inquiry.” Johnson v. Bowen, 817 F.2d 983, 985 (2d Cir. 1987). The court “must first

decide whether [the Commissioner] applied the correct legal principles in making the determination.” Id. This includes ensuring “that the claimant has had a full hearing under the . . . regulations and in accordance with the beneficent purposes of the Social Security Act.” Moran v. Astrue, 569 F.3d 108, 112 (2d Cir. 2009) (alterations omitted) (quoting Cruz v. Sullivan, 912 F.2d 8, 11 (2d Cir. 1990)). Then, the court “decide[s] whether the determination is supported by ‘substantial evidence.’” Johnson, 817 F.2d at 985 (quoting 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.” Richardson v. Perales, 402 U.S. 389, 401 (1971) (quoting Consol. Edison

Co. v. NLRB, 305 U.S. 197, 229 (1938)). “The substantial evidence standard means once an ALJ finds facts, [the court] can reject those facts only if a reasonable fact finder would have to conclude otherwise.” Brault v. Soc. Sec. Admin., Comm’r, 683 F.3d 443, 448 (2d Cir. 2012) (internal quotation marks and citation omitted) (emphasis in original); see McIntyre v. Colvin, 758 F.3d 146, 149 (2d Cir. 2014) (“If evidence is susceptible to

3 This Court assumes familiarity with the underlying facts, the procedural history, and the decision of the Administrative Law Judge (“ALJ”) and refers only to the facts necessary to explain its decision. more than one rational interpretation, the Commissioner’s conclusion must be upheld.”). But “[w]here there is a reasonable basis for doubt whether the ALJ applied correct legal principles, application of the substantial evidence standard to uphold a finding of no disability creates an unacceptable risk that a claimant will be deprived of the right to

have her disability determination made according to the correct legal principles.” Johnson, 817 F.2d at 986. DISCUSSION

I. THE ALJ’S DECISION On June 29, 2023, the ALJ found that Jennifer had not been under a disability from August 5, 2021, through the date of the decision. See Docket Item 5 at 32. The ALJ’s decision was based on the five-step sequential evaluation process under 20 C.F.R. §§ 404.1520(a) and 416.920(a). See id. at 24–25. At step one, the ALJ found that Jennifer had not engaged in substantial gainful activity since August 5, 2021, her alleged onset date. Id. at 25. At step two, the ALJ found that Jennifer suffered from three severe, medically determinable impairments:

“degenerative disc disease of the cervical and lumbar spine with radiculopathy, obesity, and meniscus tear.” Id. At step three, the ALJ found that Jennifer’s severe, medically determinable impairments did not meet or medically equal one of the listed impairments in 20 C.F.R. Part 404, Subpart P, Appendix 1. See id. at 26. More specifically, the ALJ found that Jennifer’s impairments did not meet or medically equal listing 1.15 (disorders of the skeletal spine resulting in compromise of a nerve root) or 1.16 (lumbar spinal stenosis resulting in compromise of the cauda equina). Id. The ALJ then found that Jennifer had the residual functional capacity (“RFC”)4 to “perform sedentary work as defined in 20 C.F.R. § 404.1567(a)” except that: [Jennifer] can occasionally climb stairs and ramps, balance, stoop, kneel[,] and crouch; can never climb ropes, ladders[,] or scaffolds, crawl, or work around hazards; [Jennifer] needs to alternate sitting and standing every 30 minutes with no more than 5% of the time off task; and can perform simple[,] routine tasks and make simple work[- ]related decisions.

Id. At step four, the ALJ found that Jennifer no longer could perform any past relevant work. Id. at 30. But given Jennifer’s age, education, and RFC, the ALJ found at step five that Jennifer could perform substantial gainful activity as a lens inserter, ink printer, or order clerk. Id. at 31; see Dictionary of Occupational Titles 713.687-026, 1991 WL 679273 (Jan. 1, 2016); id. at 652.685-038, 1991 WL 685750 (Jan. 1, 2016); id. at 209.567-014, 1991 WL 671794 (Jan. 1, 2016). The ALJ therefore found that Jennifer had not been under a disability from August 5, 2021, through June 29, 2023, the date of the decision. See Docket Item 5 at 32. II. ALLEGATIONS Jennifer argues that the ALJ erred in three ways. See Docket Item 7-1 at 8–17. First, Jennifer argues that the ALJ improperly evaluated the opinion of a treating physician, David Hallasey-Roberts, M.D. Id. at 8–11. Second, Jennifer argues that the ALJ’s highly specific RFC finding—that she “needs to alternate sitting and standing

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