Nascimento v. Colvin

90 F. Supp. 3d 47, 2015 WL 1096402
CourtDistrict Court, E.D. New York
DecidedMarch 12, 2015
DocketNo. 12-CV-3750 (WFK)
StatusPublished
Cited by13 cases

This text of 90 F. Supp. 3d 47 (Nascimento 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
Nascimento v. Colvin, 90 F. Supp. 3d 47, 2015 WL 1096402 (E.D.N.Y. 2015).

Opinion

DECISION AND ORDER

WILLIAM F. KUNTZ, II, District Judge:

Plaintiff Elenir Silvestre Do Nascimento (“Plaintiff’) brings this action pursuant to 42 U.S.C. § 405(g), alleging that Defendant, Carolyn W. Colvin acting as the Commissioner of Social Security (the “Commissioner” and/or “Defendant”), improperly found that Plaintiff was only entitled to a period of Social Security disability benefits between May 1, 2007 and May 20, 2010 but not after May 20, 2010. Plaintiff filed a motion for judgment on the pleadings requesting that Defendant’s decision be reversed and remanded for a calculation and award of benefits, or in the alter- ' native, the decision be remanded for a new hearing and decision consistent with this Court’s opinion. Defendant filed a cross-motion for judgment on the pleadings requesting an order affirming the Commissioner’s decision. For the reasons that follow, Plaintiffs motion is GRANTED IN PART and DENIED IN PART. The Court REMANDS the case to the ALJ for further consideration consistent with this decision.

BACKGROUND AND PROCEDURAL HISTORY

In 2007, Plaintiff started suffering from medical conditions associated with stomach cancer and acid reflux disease. See Dkt. 17 (Administrative Record) (“R.”), at 42, 48. Plaintiff was 50 years old at the onset of the medical conditions at issue. See id. Plaintiff has a high school education and formerly worked as an apparel salesperson. Id. at 46-48. Plaintiff alleges that, as of May 1, 2007, her medical conditions associated with stomach cancer and acid reflux disease rendered her incapable of performing any work. Id. at 138.

Plaintiff filed an application for Social Security disability benefits under Title II and XVIII of the Social Security Act (the “Act”), on February 28, 2008. Id. at 125-126. Plaintiffs application was denied on November 21, 2008, and Plaintiff requested a hearing before an Administrative Law Judge (“ALJ”). Id. at 70-83. An administrative hearing was held before ALJ Robert C. Dorf (“the ALJ”) on June 21, 2010. Id. at 35-66. In a decision issued on July 16, 2010, the ALJ found that Plaintiff was disabled from May 1, 2007 to May 20, 2010, but not disabled at any time after May 20, 2010. Id. at 19-34. Plaintiff requested review of the unfavorable portion of the ALJ’s decision by the Appeals Council on August 12, 2010. Id. at 17-18. The Appeals Council denied Plaintiffs request for review on May 31, 2012. Id. at 1-6. This denial became the Commissioner’s final act.

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 substan[51]*51tial 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 Moran v. Astrue, 569 F.3d 108, 112 (2d Cir.2009); 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... ”). 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 facts. 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) (quoting Grey v. Heckler, 721 F.2d 41, 46 (2d Cir.1983)).

It is the function of the SSA, not the federal district court, “to resolve evidentiary conflicts and to appraise the credibility of witnesses, including the claimant.” Carroll v. Sec’y of Health & Human Servs., 705 F.2d 638, 642 (2d Cir.1983) (citing Richardson, 402 U.S. at 399, 91 S.Ct. 1420); see also Clark v. Comm’r of Soc. Sec., 143 F.3d 115, 118 (2d Cir.1998). Although the ALJ need not resolve every conflict in the record, “the crucial factors in any determination must be set forth with sufficient specificity to enable [the reviewing court] to decide whether the determination is supported by substantial evidence.” Calzada v. Asture, 753 F.Supp.2d 250, 268-269 (S.D.N.Y.2010) (Sullivan, J.) (quoting Ferraris v. Heckler, 728 F.2d 582, 587 (2d Cir.1984)) (quotation marks omitted).

To fulfill this burden, the ALJ must “adequately explain [her] reasoning in making the findings on which [her] ultimate decision rests” and must “address all pertinent evidence.” Kane v. Astrue, 942 F.Supp.2d 301, 305 (E.D.N.Y.2013) (Kuntz, J.) (quoting Calzada, 753 F.Supp.2d at 269). “[A]n ALJ’s failure to acknowledge relevant evidence or to explain its implicit rejection is plain error.” Id. (internal quotation marks and citations omitted). Remand is warranted when “there are gaps in the administrative record or the ALJ has applied an improper legal standard.” Rosa v. Callahan, 168 F.3d 72, 83 (2d Cir.1999).

DETERMINATION OF DISABILITY

I. Applicable Law

The Act defines “disability” as the “inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months[.]” 42 U.S.C. § 423(d)(1)(A).

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90 F. Supp. 3d 47, 2015 WL 1096402, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nascimento-v-colvin-nyed-2015.