Samuel M. v. Dudek

CourtDistrict Court, D. Rhode Island
DecidedMarch 14, 2025
Docket1:24-cv-00332
StatusUnknown

This text of Samuel M. v. Dudek (Samuel M. v. Dudek) is published on Counsel Stack Legal Research, covering District Court, D. Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Samuel M. v. Dudek, (D.R.I. 2025).

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF RHODE ISLAND

SAMUEL M. : : v. : C.A. No. 24-00332-LDA : LELAND C. DUDEK, Acting : Commissioner : Social Security Administration :

MEMORANDUM AND ORDER

This matter is before the Court for judicial review of a final decision of the Commissioner of the Social Security Administration (“Commissioner”) denying Disability Insurance Benefits (“DIB”) under the Social Security Act (the “Act”), 42 U.S.C. § 405(g). Plaintiff filed his Complaint on August 19, 2024 seeking to reverse the decision of the Commissioner. On December 17, 2024, Plaintiff filed a Motion to Reverse the Decision of the Commissioner. (ECF No. 9). On January 10, 2025, the Commissioner filed a Motion for an Order Affirming the Decision of the Commissioner. (ECF No. 10). No Reply was filed. With the consent of the parties, this case has been referred to me for all further proceedings and the entry of judgment in accordance with 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73. Based upon my review of the record, the parties’ submissions, and independent research, I find that there is substantial evidence in this record to support the Commissioner’s decision and findings that Plaintiff is not disabled within the meaning of the Act. Consequently, Plaintiff’s Motion to Reverse (Document No. 9) is DENIED and the Commissioner’s Motion for an Order Affirming (ECF No. 10) is GRANTED. I. PROCEDURAL HISTORY Plaintiff filed an application for DIB on August 15, 2022 (Tr. 170-171) which was denied initially on October 11, 2022 (Tr. 68-75) and on reconsideration on December 5, 2022. (Tr. 77-83). Plaintiff requested an Administrative Hearing which was held on July 21, 2023 before Administrative Law Judge Kate Dana (the “ALJ”) at which Plaintiff, represented by counsel, and a vocational expert (“VE”) appeared and/or testified. (Tr. 31-66). The ALJ issued an unfavorable decision to Plaintiff on August 30, 2023. (Tr. 14-26). On June 14, 2024, the Appeals Council denied Plaintiff’s request for review. (Tr. 1-3). A timely appeal was then filed with this Court.

II. THE PARTIES’ POSITIONS Plaintiff argues that the VE’s testimony was impermissibly vague and the ALJ erred in relying upon it at Step 5. Plaintiff further contends that substantial evidence does not support the ALJ’s RFC. The Commissioner disputes Plaintiff’s claims and contends that Plaintiff waived his argument as to the VE’s testimony and that substantial evidence supports the ALJ’s RFC. III. THE STANDARD OF REVIEW The Commissioner’s findings of fact are conclusive if supported by substantial evidence. 42 U.S.C. § 405(g). Substantial evidence is more than a scintilla – i.e., the evidence must do more than merely create a suspicion of the existence of a fact and must include such relevant evidence as a

reasonable person would accept as adequate to support the conclusion. Ortiz v. Sec’y of HHS, 955 F.2d 765, 769 (1st Cir. 1991) (per curiam); Rodriguez v. Sec’y of HHS, 647 F.2d 218, 222 (1st Cir. 1981). Where the Commissioner’s decision is supported by substantial evidence, the court must affirm, even if the court would have reached a contrary result as finder of fact. Rodriguez Pagan v. Sec’y of HHS, 819 F.2d 1, 3 (1st Cir. 1987); Barnes v. Sullivan, 932 F.2d 1356, 1358 (11th Cir. 1991). The court must view the evidence as a whole, taking into account evidence favorable as well as unfavorable to the decision. Frustaglia v. Sec’y of HHS, 829 F.2d 192, 195 (1st Cir. 1987); Parker v. Bowen, 793 F.2d 1177 (11th Cir. 1986) (court also must consider evidence detracting from evidence on which Commissioner relied). The court must reverse the ALJ’s decision on plenary review, however, if the ALJ applies incorrect law, or if the ALJ fails to provide the court with sufficient reasoning to determine that he or she properly applied the law. Nguyen v. Chater, 172 F.3d 31, 35 (1st Cir. 1999) (per curiam); accord

Cornelius v. Sullivan, 936 F.2d 1143, 1145 (11th Cir. 1991). Remand is unnecessary where all of the essential evidence was before the Appeals Council when it denied review, and the evidence establishes without any doubt that the claimant was disabled. Seavey v. Barnhart, 276 F.3d 1, 11 (1st Cir. 2001) citing, Mowery v. Heckler, 771 F.2d 966, 973 (6th Cir. 1985). The court may remand a case to the Commissioner for a rehearing under sentence four of 42 U.S.C. § 405(g); under sentence six of 42 U.S.C. § 405(g); or under both sentences. Seavey, 276 F.3d at 8. To remand under sentence four, the court must either find that the Commissioner’s decision is not supported by substantial evidence, or that the Commissioner incorrectly applied the law relevant to the disability claim. Id.; accord Brenem v. Harris, 621 F.2d 688, 690 (5th Cir. 1980) (remand

appropriate where record was insufficient to affirm, but also was insufficient for district court to find claimant disabled). Where the court cannot discern the basis for the Commissioner’s decision, a sentence-four remand may be appropriate to allow her to explain the basis for her decision. Freeman v. Barnhart, 274 F.3d 606, 609-610 (1st Cir. 2001). On remand under sentence four, the ALJ should review the case on a complete record, including any new material evidence. Diorio v. Heckler, 721 F.2d 726, 729 (11th Cir. 1983) (necessary for ALJ on remand to consider psychiatric report tendered to Appeals Council). After a sentence four remand, the court enters a final and appealable judgment immediately, and thus loses jurisdiction. Freeman, 274 F.3d at 610. In contrast, sentence six of 42 U.S.C. § 405(g) provides: The court...may at any time order additional evidence to be taken before the Commissioner of Social Security, but only upon a showing that there is new evidence which is material and that there is good cause for the failure to incorporate such evidence into the record in a prior proceeding;

42 U.S.C. § 405(g). To remand under sentence six, the claimant must establish: (1) that there is new, non-cumulative evidence; (2) that the evidence is material, relevant and probative so that there is a reasonable possibility that it would change the administrative result; and (3) there is good cause for failure to submit the evidence at the administrative level. See Jackson v.

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Related

Richardson v. Perales
402 U.S. 389 (Supreme Court, 1971)
Heckler v. Campbell
461 U.S. 458 (Supreme Court, 1983)
Seavey v. Social Security
276 F.3d 1 (First Circuit, 2001)
Freeman v. Massanari
274 F.3d 606 (First Circuit, 2001)

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Samuel M. v. Dudek, Counsel Stack Legal Research, https://law.counselstack.com/opinion/samuel-m-v-dudek-rid-2025.