Orbaker v. Apfel

70 F. Supp. 2d 291, 1999 U.S. Dist. LEXIS 16138, 1999 WL 965425
CourtDistrict Court, W.D. New York
DecidedSeptember 30, 1999
DocketNo. 98-CV-6284L
StatusPublished
Cited by1 cases

This text of 70 F. Supp. 2d 291 (Orbaker v. Apfel) is published on Counsel Stack Legal Research, covering District Court, W.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Orbaker v. Apfel, 70 F. Supp. 2d 291, 1999 U.S. Dist. LEXIS 16138, 1999 WL 965425 (W.D.N.Y. 1999).

Opinion

DECISION AND ORDER

LARIMER, Chief Judge.

INTRODUCTION

This is an action brought pursuant to 42 U.S.C. § 405(g) to review the final determination of the Commissioner of Social Security (“the Commissioner”) that plaintiff is not disabled under the Social Security Act (“the Act”) and, therefore, is not entitled to disability benefits. As discussed below, the Commissioner’s decision is supported by substantial evidence.

PROCEDURAL BACKGROUND

Plaintiff, James Orbaker, filed an application for Social Security disability insurance (“SSDI”) benefits and Supplemental Security Income (“SSI”) benefits on January 24, 1995. (T. 100-04, 325-28)1 Plaintiff alleged that he was disabled as of August 15, 1994. (T. 100, 325) These applications were denied initially and on reconsideration. (T. 105-08, 126-29, 140-^43, 146^49) Following plaintiffs request for a hearing, he appeared before an administrative law judge (“ALJ”) on June 12, 1996. (T. 32) The ALJ found that plaintiffs alcoholism was a contributing factor material to the determination of disability, therefore, plaintiff was not eligible for disability benefits. This decision became the final decision of the Commissioner on May 8, 1998, when the Appeals Council denied plaintiffs request for review. (T. 6-11)

[293]*293Pursuant to section 405(g) of the Act, plaintiff sought review before this Court of the Commissioner’s final decision. 42 U.S.C. § 405(g). The Commissioner now moves, and plaintiff cross-moves, for judgment on the pleadings pursuant to Fed. R.Civ.P. 12(c).

FACTUAL BACKGROUND

Plaintiff was born in 1953, and possesses a tenth grade education. (T. 37, 39) Plaintiffs last employment was with a printing company. (T. 41) Plaintiff testified that he was fired from this job because he was taking thorazine, and the company determined that he was not qualified for the job. (T. 42-43) At one time, plaintiff took thora-zine because he “heard voices,” although plaintiff testified he was no longer taking this drug. (T. 46^7) In 1993, plaintiff was incarcerated for welfare fraud. (T. 52) As a condition of his probation, plaintiff participated in a drug and alcohol program. (T. 53) Plaintiff indicated that he was no longer participating in any type of treatment program, and would not participate in another program unless required to as a condition of his probation. (T. 54) Currently plaintiff attends Alcoholics Anonymous three times a week. (T. 58) Plaintiff testified that he had been given a diagnosis of major depression, paranoia, anxiety, and alcohol abuse, “in remission.” (T. 44) Plaintiff testified that at the time of the hearing, he was not depressed. (T. 45-46)

DISCUSSION

A. Standard of Review

A person is considered disabled when he or she is unable “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). “An individual shall be determined to be under a disability only if his physical or mental impairment or impairments are of such severity that he is not only unable to do his previous work but cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy....” 42 U.S.C. § 423(d)(2)(A).

In order to determine whether a claimant is disabled, an ALJ employs a five-step inquiry:

The first step determines whether the claimant is engaged in “substantial gainful activity.” If he is, benefits are denied. If he is not engaged in such activity, the process moves to the second step, which decides whether the claimant’s condition or impairment is “severe” — i.e., one that significantly limits his physical or mental ability to do basic work activities. If the impairment is not severe, benefits are denied. If the impairment is severe, the third step determines whether the claimant’s impairments meet or equal those set forth in the “Listing of Impairments” ... contained in subpart P, appendix 1, of the regulations.... If the claimant’s impairments are not listed, the process moves to the fourth step, which assesses the individual’s “residual functional capacity” (RFC); this assessment measures the claimant’s capacity to engage in basic work activities. If the claimant’s RFC permits him to perform his prior work, benefits are denied. If the claimant is not capable of doing his past work, a decision is made under the fifth and final step whether, in light of his RFC, age, education, and work experience, he has the capacity to perform other work. If he does not, benefits are awarded.

Bowen v. City of New York, 476 U.S. 467, 470-71, 106 S.Ct. 2022, 90 L.Ed.2d 462 (1986) (citations omitted) (explaining the process for determining eligibility for SSI and SSDI). Once a claimant has proven steps one through four, the burden then shifts to the Commissioner to show that the claimant “retains a residual functional capacity to perform alternative substantial gainful work which exists in the national economy.” Rosa v. Callahan, 168 F.3d 72, 77 (2d Cir.1999) (quoting Bapp v. Bowen, 802 F.2d 601, 604 (2d Cir.1986)). Howev[294]*294er, pursuant to 42 U.S.C. § 423(d)(2)(C), “[a]n individual shall not be considered to be disabled for purposes of this subchapter if alcoholism or drug addiction would (but for this subparagraph) be a contributing factor material to the Commissioner’s determination that the individual is disabled.”

The Commissioner’s decision that plaintiff was not under a disability must be affirmed if it is supported by substantial evidence. See 42 U.S.C. § 405(g); Rivera v. Sullivan, 923 F.2d 964, 967 (2d Cir.1991). Substantial evidence is defined as “more than a mere scintilla. It means 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 Consolidated Edison Co. v. NLRB, 305 U.S. 197, 229, 59 S.Ct. 206, 83 L.Ed. 126 (1938)).

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Bluebook (online)
70 F. Supp. 2d 291, 1999 U.S. Dist. LEXIS 16138, 1999 WL 965425, Counsel Stack Legal Research, https://law.counselstack.com/opinion/orbaker-v-apfel-nywd-1999.