Johnson v. Colvin

669 F. App'x 44
CourtCourt of Appeals for the Second Circuit
DecidedSeptember 29, 2016
Docket15-3483-cv
StatusUnpublished
Cited by161 cases

This text of 669 F. App'x 44 (Johnson v. Colvin) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Johnson v. Colvin, 669 F. App'x 44 (2d Cir. 2016).

Opinion

SUMMARY ORDER

Plaintiff-Appellant Moses Johnson II appeals from the District Court’s September 3, 2015 judgment affirming the Commissioner of Social Security’s decision denying Johnson’s application for disability benefit insurance (“DBI”) and dismissing Johnson’s complaint.

On August 27, 2011, Johnson filed an application for DBI, which was denied. Johnson then requested a hearing before an administrative law judge (“ALJ”). On January 4, 2013, ALJ Donald T. McDou-gall held a hearing at which Johnson appeared with counsel and testified. On January 31, 2013, ALJ McDougall issued a decision finding that Johnson had a number of substantial impairments, but that these impairments did not render him disabled within the meaning of the Social Security regulations. ALJ McDougall accordingly denied Johnson’s application. Johnson requested review by the Appeals Council, which denied his request. Johnson then appealed the Commissioner’s final decision to the District Court. On September 3, 2015, the District Court entered judgment for the Commissioner. We assume the parties’ familiarity with the underlying facts, the procedural history of the case, and the issues on appeal.

“When deciding an appeal from a denial of disability benefits, we focus on the administrative ruling rather than the district court’s opinion.” McIntyre v. Colvin, 758 F.3d 146, 149 (2d Cir. 2014) (internal quotation marks omitted). “We conduct a plenary review of the administrative record to determine if there is substantial evidence, considering the record as a whole, to support the Commissioner’s decision and if the correct legal standards have been applied.” Id. (internal quotation marks omitted). “Substantial evidence” is “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, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971) (internal quotation marks omitted). In evaluating whether the requisite substantial evidence exists, we “defer to the Commissioner’s resolution of conflicting evidence,” Cage v. Comm’r of Soc. Sec., 692 F.3d 118, 122 (2d Cir. 2012), and can reject findings of fact “only if a reasonable factfinder would have to conclude otherwise,” Brault v. Soc. Sec. Admin. Comm’r, 683 F.3d 443, 448 (2d Cir. 2012) (internal quotation marks omitted).

*46 Johnson makes two arguments on appeal. First, Johnson argues that the ALJ’s finding that Johnson “had the residual functional capacity to perform light work,” S.A. 21, was not supported by substantial evidence. To that end, Johnson asserts that the ALJ impermissibly relied on vague medical evidence and on his own lay opinion to make his finding, and that the ALJ failed to contact one of Johnson’s doctors to fill a gap in the record regarding Johnson’s post-surgery functionality. Second, Johnson argues that the ALJ’s finding that Johnson could perform work at a pace not more than “10% slower than average,” S.A. 21, also was not supported by substantial evidence. Belatedly, Johnson claims that the ALJ failed to evaluate the combined effect of Johnson’s mental and physical impairments when making that finding. After conducting a plenary review of the record, we conclude that both of the ALJ’s findings were supported by substantial evidence.

In concluding that Johnson could “perform light work,” S.A. 21, the ALJ relied on a variety of evidence. See 20 C.F.R. § 404.1546(a)(3) (explaining that an ALJ looks to “all of the relevant medical and other evidence” including relevant medical reports, consultative examinations, medical history, and statements from medical sources, family, friends, or other persons when assessing an applicant’s residual functional capacity). For example, the ALJ considered Johnson’s own testimony explaining that after his aortic valve replacement surgery he could lift 10 to 15 pounds, could walk a little further than he could before his surgery, went to the gym 3 to 5 times a week, and did much of his own cooking, cleaning, and grocery shopping. In addition, the ALJ considered a December 2012 letter from Dr. Michael D’Angelo, which stated that Johnson had “severe functional limitations” prior to his aortic valve replacement surgery, but since that surgery “has made clinical improvement.” Administrative Record, 533. Dr. D’Angelo’s letter also stated that Johnson would benefit from increased exercise post-surgery. Taken together, Johnson’s testimony and Dr. D’Angelo’s letter constitute “relevant evidence [that] a reasonable mind might accept as adequate to support” the conclusion that Johnson cohid perform “light work,” Perales, 402 U.S. at 401, 91 S.Ct. 1420; see 20 C.F.R. 404.1567(b) (“Light work involves lifting no more than 20 pounds at a time with frequent lifting or carrying of objects weighing up to 10 pounds.”),

Johnson’s argument that Dr. D’Angelo’s opinion was “vague” is inapposite. See Aung Winn v. Colvin, 541 Fed.Appx. 67, 69 (2d Cir. 2013) (characterizing a doctor’s statement that applicant “should avoid pushing, pulling, or lifting objects greater than a moderate degree of weight" as “vague and broad”). While Dr. D’Angelo’s letter alone might be inadequate to support the ALJ’s finding, the conclusion that Johnson was capable of performing light work was supported by the other record evidence the ALJ considered. The fact that the ALJ relied on evidence beyond Dr. D’Angelo’s letter distinguishes this case from those cited by Johnson. See Selian v. Astrue, 708 F.3d 409, 421 (2d Cir. 2013) (remanding, among other reasons, because the ALJ concluded that an applicant could lift 10 to 20 pounds based only on one doctor’s “remarkably vague” opinion that the applicant could lift “objects of a mild degree of weight on an intermittent basis”). Moreover, because the record contained sufficient other evidence supporting the ALJ’s determination and because the ALJ weighed all of that evidence when making his' residual functional capacity finding, there was no “gap” in the record and the ALJ did not rely on his own “lay opinion.” See Tankisi v. Comm’r of Soc. *47 Sec., 521 Fed.Appx. 29, 34 (2d Cir. 2013) (refusing to remand “solely on the ground that the ALJ failed to request medical opinions in assessing residual functional capacity”); Matta v. Astrue, 508 Fed.Appx. 53, 56 (2d Cir. 2013) (concluding that an ALJ did not impermissibly rely on his own medical judgment because “he was entitled to weigh all of the evidence available to make [a residual functional capacity] finding that was consistent with the record as a whole”).

Similarly, there was substantial evidence in the record supporting the ALJ’s finding that Johnson could perform work “slightly slower than average pace, i.e.

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669 F. App'x 44, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-colvin-ca2-2016.