Ocasio v. Astrue

32 F. Supp. 3d 289, 2012 WL 11575506, 2012 U.S. Dist. LEXIS 190383
CourtDistrict Court, N.D. New York
DecidedNovember 15, 2012
DocketNo. 11-CV-800 (VEB)
StatusPublished
Cited by1 cases

This text of 32 F. Supp. 3d 289 (Ocasio 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
Ocasio v. Astrue, 32 F. Supp. 3d 289, 2012 WL 11575506, 2012 U.S. Dist. LEXIS 190383 (N.D.N.Y. 2012).

Opinion

DECISION AND ORDER

VICTOR E. BIANCHINI, United States Magistrate Judge.

I. INTRODUCTION

In April of 2009, Plaintiff Jessica Monge Ocasio applied for disability and disability insurance benefits under the Social Security Act. Plaintiff alleges that she has been unable to work since May of 2005 due to physical and mental impairments. The Commissioner of Social Security denied Plaintiffs application.

Plaintiff, by and through her attorneys, Olinsky Law Group, Howard D. Olinsky, Esq., of counsel, commenced this action seeking judicial review of the Commission[293]*293er’s decision pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3).

On October 30, 2012, the parties, by and through their respective counsel of record, consented to the jurisdiction of a United States Magistrate Judge pursuant to 28 U.S.C. § 636(c) and Rule 73 of the Federal Rules of Civil Procedure. (Docket No. 18).

II. BACKGROUND

The relevant procedural history may be summarized as follows:

Plaintiff applied for benefits on April 9, 2007, alleging disability beginning on May 15, 2005. (T at 88-91, 105).1 The application was denied initially and Plaintiff requested a hearing before an Administrative Law Judge (“ALJ”). A hearing was held in Syracuse, New York, on July 28, 2009, before ALJ Michael Devlin. (T at 21). Plaintiff appeared with her attorney and testified. (T at 27-50).

On December 23, 2009, ALJ Devlin issued a written decision finding that Plaintiff was not disabled and was therefore not entitled to benefits. (T at 9-20). The ALJ’s decision became the Commissioner’s final decision on May 20, 2011, when the Appeals Council denied Plaintiffs request for review. (T at 1-4).

Plaintiff, through counsel, timely commenced this action on July 13, 2011. (Docket No. 1). The Commissioner interposed an Answer on January 23, 2012. (Docket No. 7). Plaintiff filed a supporting Brief on March 8, 2012. (Docket No. 11). The Commissioner filed a Brief in opposition on May 14, 2012. (Docket No. 15).

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

For the reasons that follow, the Commissioner’s motion is granted, Plaintiffs motion is denied, and this case is dismissed:

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 [294]*294might 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

While 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).

The final step of the inquiry is, in turn, divided into two parts. First, the Commissioner must assess the claimant’s job qualifications by considering his or her physical ability, age, education, and work experience. Second, the Commissioner must determine whether jobs exist in the national economy that a person having the claimant’s qualifications could perform. See 42 U.S.C. § 423(d)(2)(A); 20 C.F.R.

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32 F. Supp. 3d 289, 2012 WL 11575506, 2012 U.S. Dist. LEXIS 190383, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ocasio-v-astrue-nynd-2012.