Niles v. Astrue

32 F. Supp. 3d 273, 993 F. Supp. 2d 146, 2012 WL 11574765, 2012 U.S. Dist. LEXIS 190382
CourtDistrict Court, N.D. New York
DecidedSeptember 29, 2012
DocketNo. 11-CV-146 (VEB)
StatusPublished
Cited by35 cases

This text of 32 F. Supp. 3d 273 (Niles v. Astrue) is published on Counsel Stack Legal Research, covering District Court, N.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Niles v. Astrue, 32 F. Supp. 3d 273, 993 F. Supp. 2d 146, 2012 WL 11574765, 2012 U.S. Dist. LEXIS 190382 (N.D.N.Y. 2012).

Opinion

[278]*278DECISION AND ORDER

VICTOR E. BIANCHINI, United States Magistrate Judge.

I. INTRODUCTION

In March of 2005, Plaintiff Gary A. Niles applied for disability insurance benefits under the Social Security Act. Plaintiff alleges that he has been unable to work since November of 2004 due to a spinal condition, depression, and anxiety. The Commissioner of Social Security denied Plaintiffs application.

Plaintiff, by and through his attorney, Howard D. Olinsky, Esq., of counsel, commenced this action seeking judicial review of the unfavorable portion of the Commissioner’s decision pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3).

The Honorable Gary L. Sharpe, Chief United States District Judge, referred this case to the undersigned for a Report and Recommendation pursuant to 28 U.S.C. § 636(b)(1)(A) and (B). (Docket No. 24). The parties, by and through their respective counsel, consented to the jurisdiction of the undersigned on June 28, 2011. (Docket No. 25).

II. BACKGROUND

The relevant procedural history may be summarized as follows:

On March 21, 2005, Plaintiff applied for disability insurance benefits, alleging that he had been unable to work since November 7, 2004. (T at 81-84,151).1 The application was denied initially and Plaintiff timely requested a hearing before an Administrative Law Judge (“ALJ”). A hearing was held in Utica, New York, on October 17, 2006, before ALJ Robert Gale. Plaintiff appeared with an attorney and testified. (T at 746-70).

On January 22, 2007, ALJ Gale issued a written decision finding that Plaintiff was not disabled within the meaning of the Social Security Act during the relevant time period and denying his claim for benefits. (T at 45-53). Plaintiff sought review by the Social Security Administration’s Appeals Council, which granted that review and remanded the matter further development of the record on July 27, 2007. (T at 40-43). ALJ Gale presided over a second hearing on May 21, 2009. (T at 771-806). On October 1, 2009, the ALJ issued a second decision denying Plaintiffs claim for benefits. (T at 12-28). The ALJ’s second decision became the Commissioner’s final decision on December 8, 2010, when the Appeals Council denied Plaintiffs request for review. (T at 7-9).

Plaintiff, by and through his attorney, timely commenced this action by filing a Complaint on February 9, 2011. (Docket No. 1). The Commissioner interposed an Answer on August 15, 2011. (Docket No. 12). Plaintiff filed a supporting Brief on November 14, 2011. (Docket No. 20). The Commissioner filed a Brief in opposition on December 29, 2011. (Docket No. 21).

Pursuant to General Order No. 18, issued by the Chief District Judge of the Northern District of New York on September 12, 2003, this Court will proceed as if both parties had accompanied their briefs with a motion for judgment on the pleadings.2

[279]*279For the reasons set forth below, Plaintiffs motion is granted, the Commissioner’s motion is denied, and this case is remanded for farther proceedings.

III. DISCUSSION

A. Legal Standard

A court reviewing a denial of disability benefits may not determine de novo whether an individual is disabled. See 42 U.S.C. §§ 405(g), 1383(c)(3); Wagner v. Sec’y of Health & Human Servs., 906 F.2d 856, 860 (2d Cir.1990). Rather, the Commissioner’s determination will only be reversed if the correct legal standards were not applied, or it was not supported by substantial evidence. Johnson v. Bowen, 817 F.2d 983, 986 (2d Cir.1987) (“Where there is a reasonable basis for doubt whether the ALJ applied correct legal principles, application of the substantial evidence standard to uphold a finding of no disability creates an unacceptable risk that a claimant will be deprived of the right to have her disability determination made according to the correct legal principles.”); see Grey v. Heckler, 721 F.2d 41, 46 (2d Cir.1983); Marcus v. Califano, 615 F.2d 23, 27 (2d Cir.1979).

“Substantial evidence” is evidence that amounts to “more than a mere scintilla,” and it has been defined as “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, 1427, 28 L.Ed.2d 842 (1971). Where evidence is deemed susceptible to more than one rational interpretation, the Commissioner’s conclusion must be upheld. See Rutherford v. Schweiker, 685 F.2d 60, 62 (2d Cir.1982).

If supported by substantial evidence, the Commissioner’s finding must be sustained “even where substantial evidence may support the plaintiffs position and despite that the court’s independent analysis of the evidence may differ from the [Commissioner’s].” Rosado v. Sullivan, 805 F.Supp. 147, 153 (S.D.N.Y.1992). In other words, this Court must afford the Commissioner’s determination considerable deference, and may not substitute “its own judgment for that of the [Commissioner], even if it might justifiably have reached a different result upon a de novo review.” Valente v. Sec’y of Health & Human Servs., 733 F.2d 1037, 1041 (2d Cir.1984).

The Commissioner has established a five-step sequential evaluation process to determine whether an individual is disabled as defined under the Social Security Act. See 20 C.F.R. §§ 416.920, 404.1520. The United States Supreme Court recognized the validity of this analysis in Bowen v. Yuckert, 482 U.S. 137, 140-142, 107 S.Ct. 2287, 96 L.Ed.2d 119 (1987), and it remains the proper approach for analyzing whether a claimant is disabled.3

[280]*280While the claimant has the burden of proof as to the first four steps, the Commissioner has the burden of proof on the fifth and final step. See Bowen, 482 U.S. at 146 n. 5, 107 S.Ct. 2287; Ferraris v. Heckler, 728 F.2d 582 (2d Cir.1984).

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32 F. Supp. 3d 273, 993 F. Supp. 2d 146, 2012 WL 11574765, 2012 U.S. Dist. LEXIS 190382, Counsel Stack Legal Research, https://law.counselstack.com/opinion/niles-v-astrue-nynd-2012.