Smith v. Apfel

69 F. Supp. 2d 370, 1999 U.S. Dist. LEXIS 16436, 1999 WL 965646
CourtDistrict Court, N.D. New York
DecidedOctober 19, 1999
Docket6:98-cv-01765
StatusPublished
Cited by2 cases

This text of 69 F. Supp. 2d 370 (Smith v. Apfel) 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
Smith v. Apfel, 69 F. Supp. 2d 370, 1999 U.S. Dist. LEXIS 16436, 1999 WL 965646 (N.D.N.Y. 1999).

Opinion

MEMORANDUM-DECISION AND ORDER

HURD, District Judge.

This matter is brought pursuant to §§ 205(g) & 1631(b)(3) of the Social Security Act, as amended, 42 U.S.C. §§ 405(g) & 1383(c)(3), to review a final determination of the Commissioner of Social Security denying the plaintiffs claim for Social Security Disability Insurance benefits and Supplemental Security Income. The parties have filed their briefs, including the Administrative Record on Appeal, and the matter has been submitted for decision without oral argument.

I. PROCEDURAL HISTORY

Plaintiff filed applications for Supplemental Security Income (“SSI”) and Social Security Disability Insurance (“SSDI”) benefits on April 10, 1996 and May 17, 1996, respectively, alleging that he has been disabled since August 1, 1993 due to bipolar disorder, attention deficit hyperactivity disorder (“ADHD”), and phobias. His application for SSDI was denied initially and on reconsideration. 1 Plaintiff requested a hearing before an Administrative Law Judge (“ALJ”), which was held on October 16, 1997. The ALJ issued an unfavorable decision on February 12, 1998. The Appeals Council denied plaintiffs request for review on October 6, 1998, making the ALJ’s decision the final decision of the Commissioner.

II. FACTS

This court adopts the facts set forth in plaintiffs brief.

III. CONTENTIONS

Plaintiff contends that the ALJ’s decision should be reversed and/or remanded because the ALJ:

*373 1. Failed to accord the proper weight to his treating physician’s opinion;
2. Erred in finding that plaintiffs impairments do not meet or equal a listed impairment;
3. Failed to accord proper weight to the plaintiffs subjective complaints concerning his functional limitations;
4. Failed to adequately describe the type of work plaintiff is capable of performing; and
5. Improperly relied on the medical/vocational guidelines.

IV. DISCUSSION

A. Standard of Review

A court’s review of the Commissioner’s final decision is limited to determining whether there is substantial evidence in the record to support such decision. Rivera v. Sullivan, 923 F.2d 964, 967 (2d Cir.1991). Substantial evidence is “such relevant evidence as a reasonable person might accept as adequate to support a conclusion.” Id. (quoting Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971)). It must be “more than a mere scintilla” of evidence scattered throughout the administrative record. Richardson, 402 U.S. at 401, 91 S.Ct. 1420. “To determine on appeal whether an ALJ’s findings are supported by substantial evidence, a reviewing court considers the whole record, examining the evidence from both sides, because an analysis of the substantiality of the evidence must also include that which detracts from its weight.” Williams v. Bowen, 859 F.2d 255, 258 (2d Cir.1988) (citing Universal Camera Corp. v. NLRB, 340 U.S. 474, 488, 71 S.Ct. 456, 95 L.Ed. 456 (1951); Mongeur v. Heckler, 722 F.2d 1033, 1038 (2d Cir.1983)). However, a reviewing court must not substitute its interpretation of the administrative record so long as there exists substantial support for the decision in the record. Williams, 859 F.2d at 258.

Additionally, the scope of review involves determining both whether the Commissioner has applied the correct legal standard and whether the determination is supported by substantial evidence. Johnson v. Bowen, 817 F.2d 983, 985 (2d Cir.1987). Thus, where there is a reasonable basis for doubting whether the Commissioner applied the appropriate legal standards, even if the ultimate decision may be arguable supported by substantial evidence, the Commissioner’s decision may not be affirmed. Id. at 986.

The court has authority to reverse with or without remand. 42 U.S.C. § 405(g). Remand is appropriate where there are gaps in the record or further development of the evidence is needed. See Parker v. Harris, 626 F.2d 225, 235 (2d Cir.1980); Marcus v. Califano, 615 F.2d 23 (2d Cir.1979) (remanded for reconsideration under standard that subjective evidence of disabling pain, if credited, may support a finding of disability); Cutler v. Weinberger, 516 F.2d 1282 (2d Cir.1975). Reversal is appropriate, however, when there is “persuasive proof of disability” in the record and remand for further evidentiary development would not serve any purpose. Parker, 626 F.2d at 235; Simmons v. United States R.R. Retirement Bd., 982 F.2d 49, 57 (2d Cir.1992); Carroll v. Secretary of Health & Human Servs., 705 F.2d 638, 644 (2d Cir.1983) (reversal without remand for additional evidence particularly appropriate where payment of benefits already delayed for four years; remand would likely result in further lengthening the “painfully slow process” of determining disability).

B. Five-Step Disability Determination

The regulations mandate that the ALJ follow a five step evaluation process to determine whether an individual is disabled. 2 20 C.F.R. §§ 404.1520, 416.920. *374 Step One requires the ALJ to determine whether the claimant is presently engaging in substantial gainful activity (“SGA”). §§ 404.1520(b), 416.920(b). If a claimant is engaged in SGA, he will not be considered disabled.

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Related

McCaskill Ex Rel. Harris v. Massanari
152 F. Supp. 2d 270 (E.D. New York, 2001)
Messmer v. Apfel
112 F. Supp. 2d 262 (W.D. New York, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
69 F. Supp. 2d 370, 1999 U.S. Dist. LEXIS 16436, 1999 WL 965646, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-apfel-nynd-1999.