Silvers v. Colvin

67 F. Supp. 3d 570, 2014 U.S. Dist. LEXIS 159804, 2014 WL 6065659
CourtDistrict Court, W.D. New York
DecidedNovember 13, 2014
DocketNo. 13-CV-1025-JTC
StatusPublished
Cited by201 cases

This text of 67 F. Supp. 3d 570 (Silvers v. Colvin) 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
Silvers v. Colvin, 67 F. Supp. 3d 570, 2014 U.S. Dist. LEXIS 159804, 2014 WL 6065659 (W.D.N.Y. 2014).

Opinion

JOHN T. CURTIN, District Judge.

This matter has been transferred to the undersigned for all further proceedings, by order of Chief United States District Judge William M. Skretny dated October 2, 2014 (Item 17).

Plaintiff Helen Silvers initiated this action on October 7, 2013, pursuant to the Social Security Act, 42 U.S.C. § 405(g) (“the Act”), for judicial review of the final determination of the Commissioner of Social Security (“Commissioner”) denying plaintiffs application for Social Security Disability Insurance (“SSDI”) and Supplemental Security Income (“SSI”) benefits under Title II and Title XVI of the Act, respectively. Both parties have moved for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure (see Items 10, 15). For the following reasons, plaintiffs motion is granted, and the Commissioner’s motion is denied.

BACKGROUND

Plaintiff was born on February, 15, 1960 (Tr. 269).1 She filed applications for SSDI and SSI benefits with a protective filing date of June 2007, alleging disability due to mental issues, diabetes, chemical imbalance, high blood pressure, high cholesterol, and sinus problems, with an onset date of April 30, 2004 (Tr. 269, 272). These claims were denied administratively on January 24, 2008 (see Tr. 146). Plaintiff requested a hearing, which was held on September 23, 2009, before Administrative Law Judge (“ALJ”) Bruce Mazzarella (Tr. 94-140). Plaintiff appeared and testified at the hearing, and was represented by non-attorney representative Bruce Caul-field. Vocational expert (“VE”) Jay Stein-brenner also appeared and testified.

On January 13, 2010, ALJ Mazzarella issued a decision finding that plaintiff was not disabled within the meaning of the Act (Tr. 143-55). Plaintiff appealed, and on June 10, 2011 the Appeals Council vacated the ALJ’s decision and remanded the case [573]*573to the Commissioner for further proceedings (see Tr. 210-18). A supplemental hearing was held before ALJ Mazzarella on November 9, 2011 (Tr. 42-93). Plaintiff again appeared and testified, and was represented by attorney Kevin Canali. VE Steinbrenner also testified.

On December 12, 2011, ALJ Mazzarella issued a decision once again finding that plaintiff was not disabled (Tr. 15-31). Following the sequential evaluation process outlined in the Social Security Administration regulations (see 20 C.F.R. §§ 404.1520, 416.920), the ALJ found that plaintiff’s impairments (identified as seizure disorder versus pseudoseizures, depressive disorder, diabetes mellitus, and foot pain), while “severe,” did not meet or medically equal the criteria of 20 C.F.R. Part 404, Subpart P, Appendix 1 (the “Listings”) (Tr. 20-22). The ALJ discussed the evidence in the record regarding plaintiff’s medically determinable impairments — including reports and opinions from , treating and consultative medical sources, and plaintiff’s hearing testimony and statements about the limiting effects of her impairments — but found “a surprising lack of corroboration” for plaintiffs self-reported seizure activity (Tr. 26). Based upon his view of the evidence, the ALJ determined that plaintiff had the residual functional capacity (“RFC”) to perform a range of light work, with certain specified exertional and/or nonexertional limitations. (R. 22-30).2 Relying on the VE’s testimony indicating that an individual of plaintiffs age, education, work experience, and the same RFC and limitations would be able to perform the physical and mental demands of plaintiffs past relevant work as a hotel housekeeper as it is generally performed throughout the national economy (see Tr. 85-92), the ALJ determined that plaintiff has not been disabled within the meaning of the Act at any time since the alleged onset date (Tr. 30-31).

The ALJ’s decision became the final decision of the Commissioner on August 22, 2013, when the Appeals Council denied plaintiffs request for review (Tr. 1-6), and this action followed.

In her motion for judgment on the pleadings, plaintiff contends that the Commissioner’s determination should be reversed because the ALJ improperly assessed plaintiffs RFC by failing to give controlling weight to the opinion of Dr. James Matthews, plaintiffs treating primary physician, as to the nature and effect of plaintiffs impairments, and by substituting his own biased judgment for the competent medical evidence and opinions of treating sources regarding the disabling effects of plaintiffs seizure activity. See Items 10-1, 16. The government contends that the Commissioner’s determination should be affirmed because the ALJ’s decision was made in accordance with the pertinent legal standards and is based on substantial evidence. See Item 15.

DISCUSSION

I. Scope of Judicial Review

The Social Security Act provides that, upon district court review of the [574]*574Commissioner’s decision, “[t]he findings of the Commissioner ... as to any fact, if supported by substantial evidence, shall be conclusive ....” 42 U.S.C. § 405(g). Substantial evidence is defined as evidence which “a reasonable mind might accept as adequate to support a conclusion.” Consolidated Edison Co. v. NLRB, 305 U.S. 197, 229, 59 S.Ct. 206, 83 L.Ed. 126 (1938), quoted in Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971); see also Tejada v. Apfel, 167 F.3d 770, 773-74 (2d Cir.1999). The substantial evidence test applies not only to findings on basic evidentiary facts, but also to inferences and conclusions drawn from the facts. Giannasca v. Astrue, 2011 WL 4445141, at *3 (S.D.N.Y. Sept. 26, 2011) (citing Rodriguez v. Califano, 431 F.Supp. 421, 423 (S.D.N.Y.1977)).

Under these standards, the scope of judicial review of the Commissioner’s decision is limited, and the reviewing court may not try the case de novo or substitute its findings for those of the Commissioner. Richardson, 402 U.S. at 401, 91 S.Ct. 1420; see also Cage v. Comm’r of Soc. Sec., 692 F.3d 118, 122 (2d Cir.2012). The court’s inquiry is “whether the record, read as a whole, yields such evidence as would allow a reasonable mind to accept the conclusions reached” by the Commissioner. Sample v. Schweiker, 694 F.2d 639, 642 (9th Cir.1982), quoted in Hart v. Colvin, 2014 WL 916747, at *2 (W.D.N.Y. Mar. 10, 2014).

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67 F. Supp. 3d 570, 2014 U.S. Dist. LEXIS 159804, 2014 WL 6065659, Counsel Stack Legal Research, https://law.counselstack.com/opinion/silvers-v-colvin-nywd-2014.