Phakkhonkham v. Comm'r of Soc. Sec.

346 F. Supp. 3d 370
CourtDistrict Court, W.D. New York
DecidedNovember 9, 2018
Docket1:18-CV-00048 EAW
StatusPublished
Cited by2 cases

This text of 346 F. Supp. 3d 370 (Phakkhonkham v. Comm'r of Soc. Sec.) 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
Phakkhonkham v. Comm'r of Soc. Sec., 346 F. Supp. 3d 370 (W.D.N.Y. 2018).

Opinion

ELIZABETH A. WOLFORD United States District Judge

INTRODUCTION

Represented by counsel, Plaintiff Rosa Maria Phakkhonkham ("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. 6; Dkt. 9). For the reasons discussed below, Plaintiff's motion *373(Dkt. 6) is granted in part, the Commissioner's motion (Dkt. 9) is denied, and the matter is remanded to the Commissioner for further administrative proceedings consistent with this Decision and Order.

BACKGROUND

Plaintiff protectively filed her application for DIB on May 1, 2014. (Dkt. 4 at 16, 94).1 Thereafter, on May 5, 2014, Plaintiff protectively filed an application for SSI. (Id. at 16, 180-81). In her applications, Plaintiff alleged disability beginning May 10, 2013, due to right shoulder injury and weakness; left shoulder injury; carpal tunnel syndrome in her right and left wrists; anxiety; and depression. (Id. at 16, 94, 180-81). Plaintiff's applications were initially denied on September 12, 2014. (Id. at 105-110). At Plaintiff's request, a hearing was held before administrative law judge ("ALJ") Lynette Gohr in Buffalo, New York, on February 13, 2017. (Id. at 34-80). Plaintiff appeared with her attorney and testified. (Id. ). At the hearing, Plaintiff's disability onset date was amended to June 4, 2013. (Id. at 38). On March 23, 2017, the ALJ issued an unfavorable decision. (Id. at 13-28). Plaintiff requested Appeals Council review; her request was denied on November 27, 2017, making the ALJ's determination the Commissioner's final decision. (Id. at 6-8). 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

An ALJ follows a five-step sequential evaluation to determine whether a claimant is disabled within the meaning of the Act. See Parker v. City of New York, 476 U.S. 467, 470-71, 106 S.Ct. 2022, 90 L.Ed.2d 462 (1986). At step one, the ALJ determines whether the claimant is engaged in substantial gainful work activity. See 20 C.F.R. §§ 404.1520(b), 416.920(b). If so, the claimant is not disabled. If not, the ALJ proceeds to step two and determines whether the claimant has an impairment, or combination of impairments, that is "severe"

*374within the meaning of the Act, in that it imposes significant restrictions on the claimant's ability to perform basic work activities. Id. §§ 404.1520(c), 416.920(c).

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