Lawton v. Comm'r of Soc. Sec.

351 F. Supp. 3d 378
District Court, W.D. New York·Decided January 4, 2019·No. 6:17-CV-06669 EAW·Published·Cited by 8 cases

Opinion

ELIZABETH A. WOLFORD, United States District Judge *380INTRODUCTION

Represented by counsel, Plaintiff Talvern Lawton ("Plaintiff") brings this action pursuant to Titles II and XVI of the Social Security Act (the "Act"), seeking review of the final decision of the Commissioner of Social Security (the "Commissioner," or "Defendant") denying his applications for disability insurance benefits ("DIB") and supplemental security income ("SSI"). (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. 9; Dkt. 11), and Plaintiff's reply (Dkt. 13). For the reasons discussed below, Plaintiff's motion (Dkt. 9) is granted in part, the Commissioner's motion (Dkt. 11) is denied, and the matter is remanded to the Commissioner for further administrative proceedings consistent with this Decision and Order.

BACKGROUND

Plaintiff protectively filed his applications for DIB and SSI on February 19, 2014. (Dkt. 6 at 23, 100-01).1 In his applications, Plaintiff alleged disability beginning August 30, 2012, due to: bipolar disorder ; borderline personality disorder ; difficulty concentrating on tasks; racing thoughts and confusion; frequent mood swings; difficulty working with others; chronic shoulder pain, including a torn rotator cuff; limited range of motion and inability to lift overhead; and chronic prostatitis. (Id. at 23, 81-82). Plaintiff's applications were initially denied on May 20, 2014. (Id. at 23, 103-118). A hearing was held before administrative law judge ("ALJ") Marie Greener in Syracuse, New York,2 on May 13, 2016. (Id. at 23, 53-80). On June 14, 2016, the ALJ issued an unfavorable decision. (Id. at 20-35). Plaintiff requested Appeals Council review; her request was denied on July 26, 2017, making the ALJ's determination the Commissioner's final decision. (Id. at 5-7). 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."

*381Schaal 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

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Lawton v. Comm'r of Soc. Sec., 351 F. Supp. 3d 378 (W.D.N.Y. 2019).

351 F. Supp. 3d 378 (Lawton v. Comm'r of Soc. Sec.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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