Merkel v. Comm'r of Soc. Sec.

350 F. Supp. 3d 241
District Court, W.D. New York·Decided November 29, 2018·No. 6:17-CV-06463 EAW·Published·Cited by 12 cases

Opinion

ELIZABETH A. WOLFORD, United States District Judge

INTRODUCTION

Represented by counsel, Plaintiff Jennifer Marie Merkel ("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 her 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. 8; Dkt. 11), and Plaintiffs reply (Dkt. 13). For the reasons discussed below, Plaintiffs motion (Dkt. 8) is granted, the Commissioner's motion (Dkt. 11) is denied, and the case is remanded for calculation and payment of benefits.

BACKGROUND

Plaintiff protectively filed her applications for DIB and SSI on December 18, 2008. (Dkt. 6-14 at 5).2 In her applications, Plaintiff alleged disability beginning August 15, 2007, due to a herniated disc, depression, carpal tunnel syndrome, nerve damage in her right knee, and tendonitis. (Id. at 5; Dkt. 6-6 at 6). Plaintiff's applications were initially denied on May 8, 2009. (Dkt. 6-14 at 5). At Plaintiff's request, a hearing was held before administrative law judge ("ALJ") John Costello in Rochester, New York, on June 8, 2010. (Id. ). On August 19, 2010, the ALJ issued an unfavorable decision. (Id. ). Plaintiff requested Appeals Council review; her request was denied on November 4, 2011. (Id. ). Plaintiff thereafter appealed to the United States District Court for the Western District of New York, which remanded the case for a new hearing. (Id. ). Another hearing was held on March 4, 2013, before ALJ Costello. (Id. ). On April 22, 2013, the ALJ issued an unfavorable decision. (Id. ). Plaintiff requested Appeals Council review; her request was denied. (Id. ). Plaintiff again appealed her case to U.S. District Court which, by stipulation of the parties, remanded the case to the Commissioner for further proceedings on February 10, 2016. (Id. ). The Appeals Council thereafter issued an order dated February 24, 2016, vacating the prior decision and remanding the case. (Id. ). The Appeals Council also directed the ALJ: to give further consideration to treating and non-treating source opinions, including the opinions of Robert Capecci, M.D. and Kevitha *244Finnity, Ph.D.; consider re contacting treating sources, obtaining consultative examinations, or enlisting the testimony on a medical expert; and further evaluate Plaintiff's subjective complaints. (Id. at 5-6).

A third hearing was held on October 13, 2016, in Rochester, New York, before ALJ Michael W. Devlin. (Id. at 6, 34-74). Plaintiff appeared with her attorney and testified. (Id. ). Also appearing and testifying were John Kwock, M.D., an impartial medical expert, and Peter A. Manzi, an impartial vocational expert. (Id. ). On April 17, 2017, the ALJ issued an unfavorable decision. (Id. at 2-24). The ALJ's written determination became the Commissioner's final decision. 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

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Merkel v. Comm'r of Soc. Sec., 350 F. Supp. 3d 241 (W.D.N.Y. 2018).

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