Schlichting v. Astrue

11 F. Supp. 3d 190, 2012 WL 3997955, 2012 U.S. Dist. LEXIS 129248
CourtDistrict Court, N.D. New York
DecidedSeptember 11, 2012
DocketCivil Case No. 5:11-CV-302 (GTS/VEB)
StatusPublished
Cited by29 cases

This text of 11 F. Supp. 3d 190 (Schlichting 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
Schlichting v. Astrue, 11 F. Supp. 3d 190, 2012 WL 3997955, 2012 U.S. Dist. LEXIS 129248 (N.D.N.Y. 2012).

Opinion

MEMORANDUM-DECISION and ORDER

GLENN T. SUDDABY, District Judge.

Currently before the Court, in this action filed by Paul A. Schlichting (“Plaintiff”) against Social Security Commissioner Michael J. Astrue (“Defendant”) pursuant to 42 U.S.C. § 405(g) and 1383(c)(3) seeking supplemental social security income benefits (“SSI”) and disability insurance benefits (“DIB”), are the following: (1) Plaintiff’s motion for judgment on the pleadings (Dkt. No. 11); (2) Defendant’s motion for judgment on the pleadings (Dkt. No. 13); (3) the Report-Recommendation of United States Magistrate Judge Victor E. Bianchini, issued pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Local Rule 72.3(c) of the Local Rules of Practice for this Court recommending that Defendant’s motion be granted, Plaintiffs motion be denied, and this action be dismissed in its entirety (Dkt. No. 15); (4) Plaintiffs Objections to the Report-Recommendation (Dkt. No. 16); and (5) Defendant’s Response to Plaintiffs Objections (Dkt. No. 17.). For the reasons set forth below, Magistrate Judge Bianchini’s Report-Recommendations is accepted and adopted in its entirety.

I. RELEVANT BACKGROUND

A. Procedural History

Because neither party has objected to Part II of Magistrate Judge Bianchini’s Report-Recommendation, which correctly sets forth the procedural background of this action, the Court adopts that part’s description of this action’s procedural background for purposes of this Decision and Order, which is intended primarily for the review of the parties. {See generally Dkt. No. 15, at Part II [Report-Rec].) The Court would add only the following brief summary of the case’s procedural history.

On December 11, 2007, Plaintiff applied for SSI and DIB under the Social Security Act alleging a disability onset date of December 12, 2004. {See Administrative Transcript [“T.”] at 93-104.)1 Plaintiffs application was initially denied by the Social Security Administration. Thereafter, Plaintiff appealed from the decision; and on September 14, 2009, a hearing was held before an Administrative Law Judge (“ALJ”) of the Social Security Administration. (T. at 25-41.)

On October 28, 2009, the ALJ issued his decision denying Plaintiffs application for benefits. (T. at 12-20.) In his decision, the ALJ determined that Plaintiff did not have an impairment of combination of impairments which meet or medically equal any of the listed impairments pursuant to 20 C.F.R. Part 404(P)(1). (T. at 15-16.)

On January 26, 2011, the Appeals Council denied Plaintiffs request for review, making the ALJ’s decision the final decision of Defendant. (T. at 1-6.) On March 17, 2011, Plaintiff commenced this action in this Court. (Dkt. No. 1.)

Generally, in his motion, Plaintiff asserts the following four arguments: (1) the ALJ erred by failing to give controlling weight [196]*196to the medical opinion of Plaintiffs treating physician; (2) the ALJ erred by failing to properly assess Plaintiffs credibility; (3) the ALJ erred by failing to consider the Plaintiffs Global Functioning Assessment (“GAF”) score; and (4) the ALJ failed to recognize Plaintiffs alcohol recovery counseling qualified as mental health treatment. (Dkt. No. 11.)

Generally, in his motion, Defendant disagrees with each of these arguments, and argues that the Commissioner’s decision should be affirmed. (Dkt. No. 13.)

B. Magistrate Judge Bianchini’s Report-Recommendation

Generally, in his Report-Recommendation recommending that Defendant’s decision denying Plaintiff Social Security benefits be affirmed and that Plaintiffs Complaint be dismissed, Magistrate Judge Bianchini found as follows: (1) the ALJ correctly determined, based on substantial record evidence, that the opinion of Plaintiffs treating physician should not be given controlling weight as the treating physician was not a specialist in mental health and the duration of treatment relationship was limited to six visits; (2) as to Plaintiffs credibility assessment, the ALJ correctly determined that Plaintiffs claims of debilitating pain were inconsistent with evidence in the record; (3) the ALJ’s failure to note Plaintiffs GAF score does not amount to reversible error, because substantial evidence in the record supported Plaintiffs Residual Functional Capacity (“RFC”) assessment; and (4) the ALJ’s RFC assessment is supported by substantial evidence. (Dkt. No. 15, at Part III.C.)

C. Plaintiff’s Objections to the Report-Recommendation

Generally, in his Objection to the Report-Recommendation, Plaintiff asserts the following three arguments: (1) as Plaintiff argued in his underlying motion for judgment on the pleadings, the ALJ did not properly apply the treating physician rule, the ALJ did not properly assess claimant’s credibility, the ALJ improperly failed to consider a GAF score, and the ALJ mischaracterized the nature of Plaintiffs alcohol counseling; (2) with regard to the ALJ’s credibility determination, the ALJ erred in assessing Plaintiffs credibility, because the ALJ must not draw an “adverse inference” from a claimant’s failure to seek treatment without considering other evidence in the record and/or the claimant’s explanations for that failure; and (3) the ALJ should have given the opinion of Plaintiffs treating physician controlling weight, or at the very least more than “little weight,” because that opinion is supported by medical evidence and is not internally inconsistent. (Dkt. No. 16.)

D.Defendant’s Response to Plaintiffs Objection

Generally, in his response to Plaintiffs Objection, Defendant argues as follows: (1) in his Objection, Plaintiffs restatement of his underlying arguments is impermissible, because he is not entitled to “another bite at the apple”; and (2) as to Plaintiffs credibility assessment, Plaintiffs failure to pursue mental health treatment was only part of the ALJ’s credibility assessment, and Plaintiffs testimony was inconsistent with the medical examiners’ opinions and unsupported by record evidence. (Dkt. No. 17.)

II. APPLICABLE LEGAL STANDARDS

A. Standard Governing Review of Magistrate Judge Bianchini’s Report-Recommendation

When a specific objection is made to a portion of a magistrate judge’s report-recommendation, the Court subjects that [197]*197portion of the report-recommendation to a de novo review. Fed.R.Civ.P. 72(b)(2); 28 U.S.C. § 636(b)(1)(C). To be “specific,” the objection must, with particularity, “identify [1] the portions of the proposed findings, recommendations, or report to which it has an objection and [2] the basis for the objection.” N.D.N.Y. L.R. 72.1(c).2 When performing such a de novo review, “[t]he judge may ... receive further evidence. ...” 28 U.S.C. § 636(b)(1).

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11 F. Supp. 3d 190, 2012 WL 3997955, 2012 U.S. Dist. LEXIS 129248, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schlichting-v-astrue-nynd-2012.