Kifayeh v. Colvin

99 F. Supp. 3d 369, 2015 U.S. Dist. LEXIS 50976, 2015 WL 1782329
CourtDistrict Court, E.D. New York
DecidedApril 17, 2015
DocketNo. 14-CV-1683 (WFK)
StatusPublished

This text of 99 F. Supp. 3d 369 (Kifayeh v. Colvin) 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
Kifayeh v. Colvin, 99 F. Supp. 3d 369, 2015 U.S. Dist. LEXIS 50976, 2015 WL 1782329 (E.D.N.Y. 2015).

Opinion

WILLIAM F. KUNTZ, II, District Judge:

This is a review of a denial of Disability Insurance Benefits (“DIB”) by Carolyn W. Colvin, the Acting Commissioner of Social Security (“Commissioner”). Plaintiff Jamal Kifayeh (“Plaintiff’) commenced this action pursuant to Section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), seeking judicial review of a final decision of the Commissioner which denied his application for DIB. Before the Court are motions for judgment on the pleadings from each party. For the reasons set forth below, the Commissioner’s motion is GRANTED and Plaintiffs cross-motion is DENIED.

FACTUAL AND PROCEDURAL HISTORY

Plaintiff is a sixty-year-old Muslim man who was born on May 15, 1954 in Jerusalem. Dkt. 16 (“R.”) at 17, 31, 128. Plaintiff is a United States citizen. Id. at 31. He has a high-school education, which he received in Jerusalem. Id. at 17, 32. Plaintiff lives with his wife and two children; his older son supports the family. Id. at 32, 182, 198-212, see also 129. Until October 2010, Plaintiff worked as a stock clerk in a pet store. Id. at 36, 174,177,192. He left because he could not carry the' boxes anymore. Id. at 36, 45,177. Before working at the pet store, Plaintiff worked as a stock clerk at a supermarket for between six and eight years, and as a stock clerk at a deli between the supermarket and the pet store. Id, at 34-36, 174-75, 192.

Plaintiff has a medical history that includes COPD, anxiety, depression, osteoarthritis, a herniated disc, sleep apnea, sinusitis, right rotator cuff tear, and “( + )H-Pylori.” Id. at 26; see also id. at 223-24 (record of right shoulder surgery in 2008). He reports suffering from depression, sleep apnea, back pain, leg pain, and arthritis in his legs. Id. at 191. At the September 2012 hearing on his DIB application, Plaintiff complained about lower back pain and upper back pain, and indicated that he used to go to physical therapy back in 2011. Id. at 37-40. Plaintiff also indicated that he last sought psychiatric treatment in February 2011 and has not sought it since. Id. at 42-43. In addition to these complaints, Plaintiff reports having prescriptions for between eight and eleven medications to treat his [372]*372asthma, insomnia, and depression. Id. at 217, 246, 279-80.

Plaintiff reports that he has no problem with his personal care. Id. at . 186. He sometimes does laundry, although usually his wife does; the same goes for cooking. Id. at 43, 188, 203. He also goes to the mosque to pray three or four times a day. Id. at 44, 185, 199, 204, 207. In addition, Plaintiff reports that he can go out alone and that he shops for small grocery items once in a while. Id. at 184; see also id. at 204-05. He also reports he can count money, handle a- savings account, and pay bills. Id. at 184-85.

Plaintiff filed an application for DIB on November 4, 2010, alleging that he has been disabled beginning May 15, 2010. R. at 10. Plaintiffs application was initially denied on March 31, 2011. Id. at 52. Plaintiff filed a written request for a hearing before an Administrative Law Judge (“ALJ”) on May 3, 2011, and the hearing was held on September 11, 2012. Id. at 10, 28-51, 68-69. Plaintiff was represented by counsel. Id. at 6, 10, 30, 66-67, 122-25. ALJ Margaret A. Donaghy (“the ALJ”) issued her unfavorable decision on October 25, 2012. Id. at 1, 7-9, 10-19. Plaintiff appealed the decision to the Appeals Council, which denied his request for review on January 13, 2014. Id. at 1.

On March 14, 2014, Plaintiff filed a complaint against the Commissioner pursuant to Section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), seeking judicial review of a final decision of the Commissioner who denied his application for DIB. Dkt. 1 (“Compl.”). The Commissioner filed a motion for judgment on the pleadings on November 20, 2014. Dkt. 15 (“C’s Memo.”). Plaintiff cross-moved for judgment on the pleadings on November 14, 2014. Dkt. 13-1 (“P’s Memo.”).

The Commissioner argues the Court should affirm the ALJ’s determination that Plaintiff was not disabled because the ALJ’s decision is supported by substantial evidence. C’s Memo at 18-27. Plaintiff, on the other hand, argues that the Court should reverse the ALJ’s decision, or at least remand it, because (1) the medical evidence in the record does not support a finding that Plaintiff can “meet all the exertional requirements of medium work” and (2) the ALJ’s decision does not “reflect the full extent of psychological limitations.” P’s Memo, at 8-9. The Court will discuss each of Plaintiffs arguments in turn.'

DISCUSSION

I. Legal Standards

A. Standard of Review

When a claimant challenges the Social Security Administration’s (“SSA”) denial of disability benefits, the Court’s function is not to evaluate de novo whether the claimant is disabled, but rather to determine only “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), amended on reh’g, 416 F.3d 101 (2d Cir.2005); see also 42 U.S.C. § 405(g) (“The findings of the Commissioner of Social Security as to any fact, if supported by substantial evidence, shall be conclusive. ..-”); Moran v. Astrue, 569 F.3d 108, 112 (2d Cir.2009). Substantial evidence is “more than a mere scintilla”; it is “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) (quoting Consol. Edison Co. of N.Y., Inc. v. NLRB, 305 U.S. 197, 229, 59 S.Ct. 206, 83 L.Ed. 126 (1938)); Moran, 569 F.3d at 112. The substantial evidence test applies not only to the Commissioner’s factual findings, but also to inferences and conclusions of law to be drawn from those [373]*373facts. See Carballo ex rel. Cortes v. Apfel, 34 F.Supp.2d 208, 214 (S.D.N.Y.1999) (Sweet, J.). In determining whether the record contains substantial evidence to support a denial of benefits, the reviewing court must examine the entire record, weighing the evidence on both sides to ensure that the claim “has been fairly evaluated.” See Brown v. Apfel, 174 F.3d 59, 62 (2d Cir.1999) (internal quotation marks omitted) (citing Grey v. Heckler, 721 F.2d 41

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Bluebook (online)
99 F. Supp. 3d 369, 2015 U.S. Dist. LEXIS 50976, 2015 WL 1782329, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kifayeh-v-colvin-nyed-2015.